Munivenkatappa Dead By Lrs vs R Venkatarayappa Since Dead By Lrs
2022 Latest Caselaw 9371 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 22ND DAY OF JUNE, 2022

                    BEFORE

        THE HON'BLE MR. JUSTICE M.I.ARUN

            R.S.A.NO.98 OF 2010 (INJ)
BETWEEN:

MUNIVENKATAPPA, DEAD BY
LRs.,

1.   SMT. CHANNAMMA,
     W/O LATE MUNIVENKATAPPA,
     AGED ABOUT 75 YEARS,

2.   NARASIMHAREDDY,
     S/O LATE MUNIVENKATAPPA,
     AGED ABOUT 55 YEARS,

3.   K. NARAYANA GOWDA,
     S/O LATE MUNIVENKATAPPA,
     AGED ABOUT 52 YEARS,

4.   M. KESHAVAMURTHY,
     S/O LATE MUNIVENKATAPPA,
     AGED ABOUT 48 YEARS,

5.   DEVARAJ,
     S/O. LATE MUNIVENKATAPPA,
     AGED ABOUT 46 YEARS,

6.   SMT. LAKSHMAMMA,
     W/O PAPANNA,
     AGED ABOUT 50 YEARS,

ALL ARE RESIDENTS OF KACHALLI,
JANGAMAKOTE HOBLI, SIDLAGHATTA TALUK,
CHIKKABALLAPUR DISTRICT-562 105.
                                    ... APPELLANTS
(BY SRI. C.M. NAGABUSHANA AND
    SRI. P.V. CHANDRASHEKAR .S, ADVOCATES)
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AND:

R. VENKATARAYAPPA,
SINCE DEAD BY LRs

1.   SMT. NARAYANAMMA
     W/O LATE R. VENKATARAYAPPA,
     AGED ABOUT 78 YEARS,

2.   SMT. RATHNAMMA,
     W/O LATE DEVA REDDY,
     AGED ABOUT 55 YEARS,

3.   V. SUBBA REDDY,
     SINCE DEAD BY LRs.

3(a) SMT. ASHWATHAMMA,
     W/O LATE V. SUBBA REDDY,
     SINCE DEAD BY LRs.

4.   NAGARAJ,
     S /O LATE R. VENKATARAYAPPA,
     AGED ABOUT 53 YEARS,

5.   SUBBA REDDY,
     S/O LATE R. VENKATARAYAPPA,
     AGED ABOUT 48 YEARS,

(1) TO (5) ARE RESIDENTS OF
KACHALLI, JANGAMAKOTE HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPUR-562 105.

6.   SMT. SUSHEELAMMA,
     D/O LATE R. VENKATARAYAPPA,
     AGED ABOUT 55 YEARS,
     RESIDENT OF BHAKTHARAHALLI,
     JANGAMAKOTE HOBLI,
     SIDLAGHATTA TALUK,
     CHIKKABALLAPUR-562 102.
                                 ... RESPONDENTS
(BY SRI. MANJUNATH G. KANDEKAR, ADV., FOR R1 TO
    R5; SRI. M.G. KUMAR, ADVOCATE FOR R3;
    VIDE ORDER DATED 31.01.2012 - NOTICE TO
    R6 IS HELD SUFFICIENT).
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     THIS RSA FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED
05.10.2009 PASSED IN R.A.NO.37/1996 ON THE FILE
OF THE ADHOC DISTRICT JUDGE, FAST TRACK COURT-
II, CHINTAMANI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED
26.08.1996 PASSED IN O.S.NO.134/1991 ON THE FILE
OF THE MUNSIFF AND JMFC, SIDLAGHATTA.

     THIS RSA COMING ON FOR ORDERS, THIS DAY
THE COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for the appellants has filed a

memo dated 31.05.2022 with a prayer to dismiss the

appeal as having become infructuous.

Memo is taken on record.

Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE AG