Karnataka High Court
Smt Nagalakshmamma vs Smt Padmavalli on 11 December, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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RFA No. 2195 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.2195 OF 2023 (PAR)
BETWEEN:
SMT. NAGALAKSHMAMMA
W/O. LATE NAGARAJA T.A.
SINCE DEAD BY LRS.
1. SRI T.N. ARUN KUMAR
S/O. LATE NAGARAJA T.A.
AGED ABOUT 57 YEARS,
2. SRI T.N. KRISHNAMURTHY
S/O. LATE NAGARAJA T.A.
AGED ABOUT 55 YEARS,
3. SRI T.N. KUMAR
S/O. LATE NAGARAJA T.A.
AGED ABOUT 47 YEARS,
Digitally
signed by 4. SRI T.N. UMADEVI
VANDANA S D/O. LATE NAGARAJA T.A.
Location: W/O. SRI SATHYANARAYANA
HIGH AGED ABOUT 53 YEARS,
COURT OF
KARNATAKA APPELLANTS NO.1 TO 4 ARE
RESIDING AT NO.10, 3RD CROSS
3RD MAIN, CHOLURUPALYA
MAGADI ROAD, BENGALURU-560 023.
...APPELLANTS
(BY SRI B.V. BADRINATH, ADVOCATE)
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RFA No. 2195 of 2023
AND:
1. SMT. PADMAVALLI
W/O. SRI LOKANATHA
AGED ABOUT 60 YEARS
RESIDING AT NO.2220
7TH (B) MAIN, YELAHANKA III STAGE
NEW TOWN, BENGALURU-560 064.
2. SRI MUNIYAPPA
S/O. LATE MALIYAPPA
AGED ABOUT 81 YEARS,
3. SMT. MUNITHYAMMA
W/O. NARAYANSWAMY
AGED ABOUT 76 YEARS,
4. SRI NAGARAJU
S/O. SEEKALAPPA
AGED ABOUT 56 YEARS,
5. SRI ABBAIAH
S/O. SEEKALAPPA
AGED ABOUT 64 YEARS,
6. SRI KRISHNAPPA
S/O. SEEKALAPPA
AGED ABOUT 61 YEARS,
7. SRI MUNIYAPPA
S/O. SEEKALAPPA
AGED ABOUT 66 YEARS,
8. SRI NARAYANAPPA
S/O. THAMMANIYAPPA
AGED ABOUT 76 YEARS,
9. SRI ANJANAPPA
S/O. CHIKKAMUNISHAMAPPA
AGED ABOUT 71 YEARS,
10. SRI T.M. MUNISHAMAPPA
S/O. MUDAPPA
AGED ABOUT 77 YEARS,
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RFA No. 2195 of 2023
11. SRI SHIVANNA
S/O. BASAPPA
AGED ABOUT 76 YEARS,
12. SRI RAJANNA
S/O. BASAPPA
AGED ABOUT 64 YEARS,
13. SRI P.P. AMBAREESH
S/O. LATE PATALAPPA
AGED ABOUT 45 YEARS,
14. SRI SREERAMAIAH
S/O. BYREGOWDA
AGED ABOUT 78 YEARS,
RESPONDENT NOS.2 TO 14 ARE
RESIDING AT THINDLU VILLAGE
JALAGE POST, DEVANAHALLI TALUK
DEVANAHALLI-562 110.
15. SRI N.M. MUDAPPA
S/O N.S. MUTHANA
AGED ABOUT 55 YEARS
RESIDING AT NO.3, 8TH CROSS
BEHIND GREEN COUNTRY
PUBLIC SCHOOL
OPPOSITE: SAHAKARINAGARA GATE
AMRUTHNAGAR, SECTOR-A
BENGALURU-560 092.
...RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC.,
PRAYING TO CALL FOR RECORDS OF O.S.NO.636/2007, ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC AT
DEVANAHALLI AND PERUSE THE JUDGMENT AND DECREE
PASSED IN THE ABOVE SUIT, DATED 11.08.2023 AND SET ASIDE
JUDGMENT AND DECREE AND DISMISS THE SUIT WHILE
ALLOWING THIS APPEAL WITH COSTS THROUGHOUT, IN THE
INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 2195 of 2023
JUDGMENT
1. Learned counsel for the appellants files a memo in Court today
seeking withdrawal of the appeal with liberty to the appellants to file
an appeal before the appropriate District Court/Appellate Court.
2. The memo is placed on record.
3. The appeal is disposed of as withdrawn reserving liberty in
favour of the appellants to file an appeal before the appropriate
District Court/Appellate Court having jurisdiction. If such an appeal
is filed within a period of six weeks from today, the appellants
would be entitled to the benefit of Section 14 of the Limitation Act.
4. Registry to return the appeal papers to the appellants' counsel
forthwith without any delay.
5. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE
hkh.
