K G Puttappa vs Siddaveerappa
2022 Latest Caselaw 4257 Kant

                         1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF MARCH, 2022

                       BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                 EX.FA.NO.2 OF 2017


BETWEEN:

K.G.PUTTAPPA
S/O GOWDARA DODDA MALLAPPA
SINCE DEAD BY LRS

1(A) MALLIKARJUNAPPA
S/O K.G.PUTTAPPA
AGED ABOUT 69 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

                                      ...APPELLANT

(BY SRI.LAKSHMIKANTH K, ADVOCATE)

AND

1.   SIDDAVEERAPPA
S/O NAGAPPA
DEAD BY LRS

1(A). SARAVAMMA
W/O LATE SIDDAVEERAPPA
AGED ABOUT 66 YEARS
RESIDING AT
                           2



KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

1(B) SOMASHEKARAPPA
S/O SIDDAVEERAPPA
DEAD BY LRS.

1(B)(I) GANGAMMA
W/O LATE SOMASHEKARAPPA
AGED ABOUT 51 YEARS

1(B)(II) PREETHI
D/O LATE SOMASHEKARAPPA
AGED ABOUT 31 YEARS

BOTH 1(B)(I) AND 1(B)(II) ARE
RESIDING AT
3RD MAIN, 3RD CROSS
VIJAYANAGARA
DAVANAGERE
PIN CODE - 571 140

2. I.C.RAJAPPA
S/O SIDDAVEERAPPA
AGED ABOUT 56 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

3. I.D.NAGENDRAPPA
S/O SIDDAVEERAPPA
AGED ABOUT 56 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
                        3



DAVANAGERE DISTRICT
PIN CODE - 571 141

4. RAJAPPA
DEAD BY LRS

4(A) VIJAYAMMA
W/O RAJAPPA @ BASAVARAJAPPA
AGED ABOUT 51 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

5. MALLESHAPPA
S/O CHENNABASAPPA
AGED ABOUT 56 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

6. GANGAPPA
S/O MAHADEVAPPA
AGED ABOUT 76 YEARS
RESIDING AT
KANDAGAL VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
PIN CODE - 571 141

                                 .....RESPONDENTS

     THIS EX.FA IS FILED UNDER ORDER 41 RULE 6
READ WITH SECTION 151 OF CPC., AGAINST THE ORDER
DATED 25.03.2017 PASSED IN EX.NO.116/2011 ON THE
FILE OF THE ADDITIONAL CIVIL JUDGE, DAVANAGERE,
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C/C   OF    PRINCIPAL CIVIL JUDGE,  DAVANGERE,
DISMISSING THE EXECUTION PETITION AS BARRED BY
LIMITATION.

    THIS EX.FA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                    JUDGMENT

Learned counsel appearing for the appellant

seeks leave of this Court to withdraw this appeal and

permit to pursue the remedy available under law.

2. Reserving such liberty, this appeal is

dismissed as withdrawn.

Sd/-

JUDGE

NBM