S/O. Sidramappa Benkanalli vs City Corporation Gulbarga
2022 Latest Caselaw 5212 Kant

                               1




          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

     DATED THIS THE 22ND DAY OF MARCH, 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


                     RSA No.668/2008

Between:

1.     Shivashankar
       S/o Sidramappa Benkanalli,
       Aged about 45 years,

2.     Subhaschandra
       S/o Laxman Rao Benkanalli,
       Aged about 50 years,

       Both R/at Tegalli, Tq. Afzalpur,
       Dist. Gulbarga-585 101.
                                          ... Appellants

(By Sri B.V.Jalde, Advocate)


And:

1.     City Corporation, Gulbarga
       Through its Commissioner,
       Gulbarga-585 101.

2.     Anusuya D/o Sriranga Kathare
       W/o Padmakar,
       Aged about 35 years,
       R/at Chodeshwar Colony,
                                 2




      Gulbarga-585 101.
                                              ... Respondents

(By Sri P.S.Malipatil, Advocate for R1;
V/o dated 12.07.2012 appeal against
 R2 stood dismissed)


      This Regular Second Appeal is filed under Section
100 of the Code of Civil Procedure praying to set aside the
judgment and decree passed by III-Addl. Civil Judge (Sr.,
Dn.,) Gulbarga passed in R.A.No.120 of 2007 dated
13.12.2007 and the judgment and decree passed by II-
Addl. Civil Judge (Jr., Dn.,) Gulbarga passed in O.S.No.71
of 2003 dated 26.06.2007 and decree the suit of the
appellants by allowing the present appeal.


      This appeal coming on for Hearing, this day, the
Court delivered the following:-


                        JUDGMENT

Learned counsel for the appellants has filed memo

stating that the appellants have filed suit for declaration

and injunction and against the judgment and decree

passed in the said suit, the appeal filed in RSA

No.7425/2013 is pending consideration before this

Court. In view of the same, the present appeal does not

survive for consideration and accordingly, he prays to

dismiss the appeal with liberty to agitate their grievance

in RSA No.7425/2013.

Said memo is taken on record. The appeal is

dismissed with the aforesaid liberty.

Sd/-

JUDGE NB*