Sri Venkatappa vs Shivthimmaiah S/O Late Lakshma
2022 Latest Caselaw 7626 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF MAY 2022

                            BEFORE

      THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

  REGULAR SECOND APPEAL NO.783/2009 (DEC/INJ)

BETWEEN

SRI.VENKATAPPA
S/O LATE MUDALAIAH,
AGED ABOUT 62 YEARS,
R/AT SHANTHINAGAR
MALLARABANAVADI VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK

SINCE DEAD BY LRs.
a) SRI M.V. CHIVENKATAPPA
LATE. VENKATAPPA,
AGED ABOUT 43 YEARS.

b) SRI NAGARAJA V.
S/O. LATE VENKATAPPA,
AGED ABOUT 32 YEARS.

c) SRI SRINIVAS V.
S/O. LATE VENKATAPPA
AGED ABOUT 28 YEARS,

d) SRI MADHU V
S/O. LATE VENKATAPPA
AGED ABOUT 20 YEARS,

e) SMT. CHIKKOLAMMA
D/O. LATE VENKATAPPA
AGED ABOUT 39 YEARS,

f) SMT. MANGALAMMA
D/O. LATE VENKATAPPA,
AGED ABOUT 35 YEARS,
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ALL ARE RESIDING AT SHANTINAGAR,
MALLARABANAVADI POST,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
                                                 ...APPELLANTS
(BY SRI S.G. HEGDE, ADVOCATE)

AND:

1. SHIVATHIMMAIAH
S/O. LATE LAKSHMA ALSO
CALLED AS MARIAPPA
AGED ABOUT 56 YEARS,
R/AT 123, 6TH CROSS,
ASHOKPURA,
MAHALAKSHMI LAYOUT,
BANGALORE-560040.

2. CHANDRAPPA
S/O. LAKSHMA
AGED ABOUT 52 YEARS,
R/AT NO.59, 10TH CROSS,
HMT MAIN ROAD,
MATHIKERE POST,
DAVANRAPALYA,
BANGALORE-560054.
                                                 RESPONDENTS

(BY SRI. A. KESHAVA BHAT, ADV., FOR R1 AND R2)

       THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED
12.2.2009 PASSED IN R.A. No.337/2005 ON THE FILE OF THE
PRESIDING OFFICER, FAST TRACK COURT III, BANGALORE RURAL
DISTRICT, BANGALORE ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 24.09.2005 PASSED IN
O.S. No.108/1997 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND
JMFC., NELAMANGALA AND ETC.,
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      THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Appellant has filed a memo stating that the subject

matter of the appeal has been settled out of the Court and

therefore, the appellants do not wish to pursue the appeal.

In view of the memo filed, appeal is dismissed as not

pressed.

In view of dismissal of the appeal, pending applications

do not survive for consideration.

Sd/-

JUDGE

BS