Sri. N Channappa vs Sri. R Narasimha Murthy
2023 Latest Caselaw 5980 Kant

                                          -1-
                                                 NC: 2023:KHC:30640
                                                RFA No. 117 of 2017




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 28TH DAY OF AUGUST, 2023
                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR FIRST APPEAL No.117 OF 2017 (DEC/INJ)


            BETWEEN:
            1.    SRI. N CHANNAPPA
                  S/O LATE NANJUNDAPPA,
                  AGED ABOUT 65 YEARS,

            2.    SMT. NAGARATHNAMMA
                  S/O N.CHANNAPPA,
                  AGED ABOUT 53 YEARS,

            3.    SRI MURALI
                  S/O N CHANNAPPA
                  AGED ABOUT 24 YEARS,

            4.    SRI LAKSHMANA
                  S/O N CHANNAPPA
                  AGED ABOUT 25 YEARS,

            5.    SRI N KRISHNAMURTHY
Digitally
signed by         S/O LATE NANJUNDAPPA,
MALATESH          AGED ABOUT 41 YEARS,
KC
Location:
HIGH        6.    SMT. ROOPA
COURT OF          W/O KRISHNAMURTHY,
KARNATAKA
                  AGED ABOUT 37 YEARS,

            7.    SRI VENKATAPPA
                  S/O BEGGALLI MUNIYAPPA,
                  AGED ABOUT 50 YEARS,

            8.    SRI KARAGAPPA
                  S/O LATE NANJUNDAPPA,
                  AGED ABOUT 55 YEARS,
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                                              NC: 2023:KHC:30640
                                             RFA No. 117 of 2017




9.   SMT. MANJULAMMA
     W/O KARAGAPPA,
     AGED ABOUT 45 YEARS,

     ALL ARE RESIDING AT
     NUGGALAPURA VILLAGE,
     VOKALERI HOBLI,
     KOLAR TALUK - 563 133.
                                                   ...APPELLANTS
(BY SRI B V GANGI REDDY, ADVOCATE)


AND:

SRI R NARASIMHA MURTHY
S/O L RAMA MURTHY,
AGED ABOUT 46 YEARS,
OCCUPATION: BUSINESS,
RESIDING AT 1ST MAIN,
MUNESHWARA NAGARA,
KOLAR TOWN - 563 101.
                                                  ...RESPONDENT
(BY SRI B N SURESH BABU, ADVOCATE)

       THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 24.09.2016 PASSED IN O.S.NO.29/2015 ON
THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE,
KOLAR,    DECREEING   THE     SUIT   FOR     DECLARATION    AND
PERMANENT INJUNCTION.


       THIS REGULAR FIRST APPEAL COMING ON FOR FURTHER
HEARING,    THIS   DAY,     THE      COURT     DELIVERED    THE
FOLLOWING:
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                                                           NC: 2023:KHC:30640
                                                         RFA No. 117 of 2017




                               JUDGMENT

After hearing for some time, Sri B.V.Gangi Reddy, counsel

for appellants files a memo which is furnished to Sri B.N.Suresh

Babu, counsel for respondent. The memo reads as under:

"Smt.N.Karagamma one of the sister of the appellants 1,5, and 8 has filed a suit in O.S.No.524/2020 on the file of the II Addl. Civil Judge and JMFC at Kolar for the relief of partition and separate possession of her 1/8th share in that suit schedule property. The suit schedule property involves in this appeal is also one of the suit schedule property in that partition suit. The appellants work out their rights in O.S.No.524/2020 pending on the file of the II Additional Civil Judge and JMFC, Kolar. Hence, the appellants may be permitted to withdraw the above appeal with an observation that the rights of the appellants and respondent and others in this appeal is subject to result of the suit in O.S.No.524/2020, in the interest of justice."

In view of the memo, appeal is dismissed as withdrawn,

with an observation that the rights of appellants and

respondent is subject to the result of the suit in

NC: 2023:KHC:30640 RFA No. 117 of 2017

O.S.No.524/2020 pending on the file of the II Additional Civil

Judge and JMFC, Kolar.

Sd/-

JUDGE

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