Karnataka High Court
A V Srinivas vs N Kempaiah on 13 April, 2023
Bench: H.P.Sandesh
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RSA No. 2058 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 2058 OF 2021 (INJ)
BETWEEN:
1. A.V. SRINIVAS
S/O. LATE A.V. VENKATARAMANASHETTY
AGED ABOUT 55 YEARS
2. A.V. SOMASHEKAR @ SOMASUNDAR
S/O. LATE A.V. VENKATRAMANASHETTY
AGED ABOUT 48 YEARS
3. A.V. PRAKASH
S/O. LATE A.V. VENKATARAMANASHETTY
AGED ABOUT 43 YEARS
APPELLANTS NO.1 TO 3 ARE
R/AT ANKANAHALLI VILLAGE
KAILANCHA HOBLI
Digitally signed
by SHARANYA T RAMANGARA TALUK
Location: HIGH RAMANAGRA DISTRICT
COURT OF
KARNATAKA ...APPELLANTS
(BY SRI. B.C.VENKATESH, ADVOCATE)
AND:
1. N. KEMPAIAH
S/O. LATE NANJE GOWDA
AGED ABOUT 77 YEARS
ANKANAHALLI VILLAGE
KAILANCHA HOBLI
RAMANGARA TALUK
RAMANAGARA DISTRICT
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RSA No. 2058 of 2021
PRESENTLY
R/AT NO 43, 1ST MAIN
SARASWATHINAGARA
VIJAYANAGARA
BENGALURU -560 040.
2. VENKATARAMANASHETTY
S/O. LATE KARISHETTY
AGED ABOUT 68 YEARS
3. NARAYANASHETTY
S/O. LATE KARISHETTY
AGED ABOUT 63 YEARS
4. RAGHU
S/O. VENKATARAMANASHETTY
AGED ABOUT 38 YEARS
5. GIRISH
S/O. VENKATARAMANSHETTY
AGED ABOUT 35 YEARS
6. SHANKAR
S/O. NAGARAJ
AGED ABOUT 38 YEARS
R/AT BANNIKUPPE VILLGE
KAILANCHA HOBLI
RAMANGARA TALUK
RAMANGARA DISTRI-562 159.
7. HANUMAIAH
C/O. SHANKAR
AGED ABOUT 35 YEARS
RESPONDENTS NO.2 TO 5 AND 7 ARE
R/AT ANKANAHALLI VILLAGE
KAILANCHA HOBLI, RAMANGARA TALUK
RAMANAGARA DISTRICT-562 159.
...RESPONDENTS
(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR R1;
R2 TO R6 ARE SERVED;
VIDE ORDER DATED 17.02.2023,
NOTICE IN R/O. R7 IS DISPENSED WITH)
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RSA No. 2058 of 2021
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 27.05.2021
PASSED IN R.A.NO.22/2020 ON THE FILE OF THE ADDITONAL
SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 03.08.2020 PASSED IN O.S.NO.124/2018 ON THE FILE
OF THE ADDITIONAL CIVIL JUDGE AND JMFC, RAMANAGARA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo for
withdrawal of the appeal with liberty to urge all other
contentions in O.S.No.148/2019 which is pending before the
Additional Senior Civil Judge, Ramanagaram filed for the relief
of declaration.
2. Learned counsel for the respondent No.1 would
submit that the memo is not specific with regard to the liberty
to urge all other contentions in O.S.No.148/2019. The counsel
also would submit that direction may be given to the Trial Court
to dispose of the matter as early as possible.
3. In view of the memo and the submissions made by
learned counsel for both the parties, the appeal is dismissed as
withdrawn with liberty to urge all other contentions which are
relevant to the suit filed for the relief of declaration.
RSA No. 2058 of 2021
4. The Trial Court is directed to dispose of the matter
as early as possible within a period of one year and both the
counsels are directed to assist the Trial Court for disposal of the
case within the stipulated time.
Sd/-
JUDGE
ST
