Sri H P Jayaprakash vs Sri Ramu
2022 Latest Caselaw 9489 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 23RD DAY OF JUNE, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

REGULAR SECOND APPEAL NO.448 OF 2018 (DEC/INJ)

BETWEEN:

SRI. A.PAPANNA,
S/O LATE SRI. ANNAIAH,
AGED ABOUT 68 YEARS,
R/AT HUNDI BEEDHI, HINKAL,
KASABA HOBLI, MYSURU - 570 001.           ...APPELLANT

(BY SRI. UMASHANKAR M.N., ADVOCATE)

AND:

1.     RAMU,
       S/O LATE DODDAMARIGOWDA,
       AGED ABOUT 58 YEARS,

2.     THAYAMMA,
       D/O LATE DODDAMARIGOWDA,
       AGED ABOUT 48 YEARS,

3.     SMT. MANNIYAMMA,
       W/O LATE SRI.RAJU,
       AGED ABOUT 38 YEARS,

4.     SRI. SRIKANTH,
       S/O LATE SRI. RAJU,
       AGED ABOUT 19 YEARS,

5.     KUMARI SWETHA,
       D/O LATE SRI. RAJU,
       AGED ABOUT 18 YEARS,

6.     NAGAMMA,
       D/O LATE DODDAMARIGOWDA,
       AGED ABOUT 43 YEARS,
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7.    PUTTU,
      S/O LATE DODDAMARIGOWDA,
      AGED ABOUT 42 YEARS,

8.    BEERAPPA,
      S/O LATE DODDAMARIGOWDA,
      AGED ABOUT 38 YEARS,

9.    LAKSHMI,
      D/O LATE DODDAMARIGOWDA,
      AGED ABOUT 35 YEARS,

10.   SMT. JAYAMMA,
      D/O LATE DODDAMARIGOWDA,
      AGED ABOUT 63 YEARS,

11.   SRI. KARUNA,
      S/O LATE SRI. SHIVANNA,
      AGED ABOUT 26 YEARS,

12.   HEMA,
      D/O LATE SHIVANNA,
      AGED ABOUT 21 YEARS,

      (RESPONDENT NOS.1 TO 12 ARE
      R/AT DOOR NO.579, HOSABEEDI,
      MADIKERI MAIN ROAD, HINKAL,
      MYSURU - 570 001)

13.   BEERAPPA,
      S/O LATE DODDAMARIGOWDA
      @ MARIGOWDA AND MAYAMMA,
      AGED ABOUT 48 YEARS,
      R/AT HINKAL VILLAGE, KASABA HOBLI,
      MYSURU - 570 001.

14.   SRI. H.B. ASHOK,
      S/O LATE H.G.BALARAMA BHAT,
      AGED ABOUT 52 YEARS,
      R/AT DOOR NO.1226/3,
      GANESHA KRUPA, II CROSS,
      KRISHNAMOORTHYPURAM,
      CHAMARAJA MOHALA,
      MYSURU - 570 001.
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15.   MEENA ASHOK,
      W/O K.B.ASHOK,
      AGED ABOUT 43 YEARS,
      R/AT DOOR NO.1226/3,
      GANESHA KRUPA, II CROSS,
      KRISHNAMOORTHYPURAM,
      CHAMARAJA MOHALA,
      MYSURU - 570 001.

16.   H.P. JAYAPRAKASH,
      S/O A.PAPANNA,
      AGED ABOUT 40 YEARS,
      R/AT HUNDI BEEDHI, HINKAL VILLAGE,
      KASABA HOBLI, MYSURU - 570 001.

      (RESPONDENT NO.16 HAS BEEN
      IMPLEADED IN R.A.NO.489/2016
      NOTE: PARA 46 OF JUDGMENT IN
      R.A.NO.489/2016)
                                           ...RESPONDENTS

(BY SRI. PRINCE ISAC, ADVOCATE FOR R1 TO R7, R9 TO R12;
    SRI. D.PRABHAKAR, ADVOCATE FOR C/R8;
    SRI. ANANDA K., ADVOCATE FOR R13 (VAKALAT NOT FILED);
    SMT. S.R.ANURADHA, SR.COUNSEL FOR
    MS. SWATHI ASHOK, ADVOCATE FOR R15 & R16;
    SRI. AJAY SHANKAR, ADVOCATE FOR R14)

      THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN
R.A.NO.489/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT
JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 07.04.2016 PASSED IN
O.S.NO.470/2018 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND CJM, MYSURU.

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

A memo is filed seeking for withdrawal of

RSA.No.448/2018 on the ground that the subject matter

is already settled between the parties, in RSA

No.635/2018.

2. Memo is taken on record.

Therefore, the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, the appellant

would be entitled for refund of admissible Court fee.

In view of dismissal of the main appeal, pending

I.As. stand disposed of.

Sd/-

JUDGE

pgg