Smt Nagarathnamma vs Sri H B Rajashekaraiah
2022 Latest Caselaw 12887 Kant

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12TH DAY OF APRIL, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE R. NATARAJ

           R.S.A. NO.2182 OF 2011 (DEC/INJ)

BETWEEN:

1.     SMT. NAGARATHNAMMA
       W/O SRI. D.S. BASAVAIAH,
       76 YEARS,
       R/O DEVANUR VILLAGE,
       NANJANGUD TALUK,
       MYSORE DISTRICT- 571301.

2.     SMT. AMBIKA
       W/O LATE SRI. SHIVALINGASWAMY,
       AGED 63 YEARS,
       R/A. NO.2162, 2ND CROSS,
       BASAVESWARA ROAD,
       K.R MOHALLA, MYOSRE-570 001.

3.     SMT. AKKAMAHADEVI
       W/O. SRI. NANJAPPA,
       46 YEARS
       R/O. KOODANAHALLI VILLAGE,
       VARUNA HOBLI,
       MYSORE TQ & DIST-570 001.
                                          ...APPELLANTS
(BY SRI. B.C.CHETHAN, ADVOCATE)

AND:

1.     SRI. H.B RAJASHEKARAIAH
       S/O. LATE SRI BHUJANGAIAH @ CHANDRAPPA
       66 YEARS,
       R/A NO.383, 'D' BLOCK,
       10TH MAIN, 25TH CROSS,
                              2




       J.P NAGARA,
       MYSORE -570 008.

       SINCE DEAD BY HIS LR'S.

1(a)   SMT. UMA DEVI
       D/O. H.B RAJASHEKARAIAH
       AGED ABOUT 55 YEARS.
       R/A NO.383 'D' BLOCK,
       10TH MAIN, 25TH CROSS, J.P NAGARA,
       MYSORE -570 008.

2.     SMT. SHANTHAMMA
       W/O. LATE. SRI. H.B LINGA DEVARU,
       AGED ABOUT 66 YEARS,
       R/O.HIBYA VILLAGE,
       CHIKKAYANNANA CHATHRA HOBLI,
       NANJANGUD TALUK
       MYSORE DISTRICT-571301.

                                            ...RESPONDENTS

(BY SRI. P.N.MANMOHAN, ADVOCATE FOR R1(a)
SRI. P.MAHESHA, ADVOCATE FOR R2)

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 25.03.2011 PASSED IN R.A.NO.51/2008 ON
THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I,
AT MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 4.2.2008 PASSED IN
O.S.NO.18/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN), AT
NANJANGUD.

     THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants submits that he has filed a memo to withdraw the appeal.

In view of the memo the appeal is dismissed as withdrawn. Consequently, IA No.1/2011 does not survive for consideration.

Sd/-

JUDGE

vs