Thambanna Y vs P Prakash
2023 Latest Caselaw 5580 Kant

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                                                             NC: 2023:KHC:28737
                                                            RSA No. 75 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 14TH DAY OF AUGUST, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.75 OF 2023 (PAR)

                   BETWEEN:
                   1.    THAMBANNA Y,
                         SINCE DEAD BY LRS
                         SMT. T. RADHAMMA,
                         D/O LATE THAMBANNA,
                         AGED ABOUT 61 YEARS,
                   2.    SRI.T. LOKESH,
                         S/O LATE THAMBANA,
                         AGED ABOUT 59 YEARS,
                   3.    SRI.T. CHANDRASHEKAR,
                         S/O LATE THAMBANNA,
                         AGED ABOUT 57 YEARS,

                   4.    SRI.T. ANAND,
                         S/O LATE THAMBANNA,
Digitally signed         AGED ABOUT 55 YEARS,
by SHARANYA T
                         APPELLANTS 1 TO 4 ARE
Location: HIGH
COURT OF                 R/AT IMMADIHALLI VILLAGE,
KARNATAKA                WHITEFIELD POST,
                         K.R. PURAM, BENGALURU EAST TALUK,
                         BENGALURU - 560 066.
                   5.    GOVINDAPPA T.Y.,
                         S/O LATE YELLAPPA,
                         AGED ABOUT 70 YEARS,
                         R/AT IMMADIHALLI VILLAGE,
                         WHITEFIELD POST,
                         K.R.PURAM, BENGALURU EAST TALUK,
                         BENGALURU - 560 066.
                                                             ...APPELLANTS
                   (BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE)
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                                      NC: 2023:KHC:28737
                                     RSA No. 75 of 2023




AND:
1.   P. PRAKASH,
     S/O LATE Y. PAPANNA,
     AGED ABOUT 55 YEARS,
2.   P. RAMESH,
     S/O LATE Y.PAPANNA,
     AGED ABOUT 52 YEARS,
     RESPONDENTS 1 & 2 ARE
     R/AT 858, 4TH CROSS,
     CHOWDESHWARI EXTENSION,
     MARATHAHALLI,
     BENGALURU - 560 037.

3.   MUNIKRISHNA
     SINCE DEAD BY LRS
     M. MURALI,
     S/O LATE MUNIKRISHNA,
     AGED ABOUT 30 YEARS,

4.   M. SUNIL,
     S/O LATE MUNIKRISHNA,
     AGED ABOUT 27 YEARS,
     RESPONDENTS 3 & 4 ARE
     R/AT NO.353, LAXMANA BUILDING,
     2ND MAIN, 1ST CROSS,
     NEAR TRINITY SCHOOL,
     MARATHAHALLI, BENGALURU - 560 037.
                                          ...RESPONDENTS
     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 14.12.2022
PASSED IN RA.NO.97/2022 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND
FILED AGAINST THE ORDER DATED 28.07.2022 PASSED ON
I.A.NO.V IN O.S.NO.37/2011 ON THE FILE OF THE C/C II
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU. ALLOWING THE I.A.NO.V FILED
UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION
OF PLAINT.
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                                         NC: 2023:KHC:28737
                                         RSA No. 75 of 2023




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellants seeks permission

of this Court to convert this appeal into miscellaneous

second appeal in view of Order 43 Rule 1(4) of CPC.

Hence, he is permitted to convert the appeal into

miscellaneous second appeal.

For statistical purpose, this regular second appeal is

disposed of.

Sd/-

JUDGE

DR