Smt Ningamma vs Sri Sannaswamy
2023 Latest Caselaw 6187 Kant

                                                 -1-
                                                            NC: 2023:KHC:30961
                                                           RSA No. 709 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.709 OF 2019 (PAR)

                   BETWEEN:

                   1.    SMT. NINGAMMA
                         W/O SANNANAYAKA
                         AGED ABOUT 43 YEARS
                         R/AT NO.BOLANAHALLI GRAMA
                         BILIKERE HOBLI
                         HUNSUR TALUK
                         MYSURU-571 103.
                                                                  ...APPELLANT
                                 (BY SRI V.M.PRASAD, ADVOCATE)

                   AND:

                   1.    SRI SANNASWAMY
                         S/O LATE MARISWAMY
Digitally signed         AGED ABOUT 60 YEARS
by SHARANYA T            R/AT UDBUR VILLAGE
Location: HIGH           JAYAPURA HOBLI
COURT OF                 MYSURU TALUK-570 008.
KARNATAKA

                   2.    SMT. CHIKKADEVAMMA
                         W/O CHIKKATHAMMA NAYAKA
                         AGED ABOUT 53 YEARS
                         R/AT SINDHUVALLI VILLAGE
                         JAYAPURA HOBLI
                         MYSURU TALUK-571 311.

                   3.    SRI H. NAGESH
                         S/O HANUMANTHAIAH
                         AGED ABOUT 38 YEARS
                         R/AT D HOSAHALLI VILLAGE & POST
                                 -2-
                                             NC: 2023:KHC:30961
                                           RSA No. 709 of 2019




     HULIYUR DURGA HOBLI
     KUNIGAL TALUK
     TUMKUR-572 123.
                                                 ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 READ WITH
ORDER XLII RULE 1 OF CPC, IT IS HEREBY SUBMITTED THAT
THE PRESENT RSA IS FILED AGAINST FDP NO.39/2009 DATED
06.10.2018, WHICH WAS FILED FOR DRAWING THE FINAL
DECREE PROCEEDINGS IN O.S.NO.1275/2007 (AND NOT RA).
HENCE IN VIEW OF SEC.100 OF CPC THE PRESENT RSA MAY
NOT BE MAINTAINABLE (ALL OTHER POINTS KEPT OPEN).

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

                             JUDGMENT

The counsel for the appellant submits that he may be

given liberty to file R.A.

In view of the submission, counsel for the appellant is

permitted to withdraw the present appeal and file necessary

appeal before the appropriate Court.

Accordingly, this appeal is disposed of.

Sd/-

JUDGE

AP