Smt. Alphan vs Jayamma @ Jayalakshmi @ Biliyamma
2023 Latest Caselaw 10187 Kant

Karnataka High Court

Smt. Alphan vs Jayamma @ Jayalakshmi @ Biliyamma on 11 December, 2023

                                       -1-
                                                 NC: 2023:KHC:44985
                                               RSA No. 1071 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                     BEFORE
            THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                 REGULAR SECOND APPEAL NO.1071 OF 2021 (PAR)
            BETWEEN:

            1.    SMT. ALPHAN
                  W/O LATE YOGACHARI @ RAJU,
                  AGED ABOUT 59 YEARS

            2.    JAYAPRAKASH
                  S/O LATE YOGACHARI @ RAJU,
                  AGED ABOUT 39 YEARS

            3.    JHON KIRAN
                  S/O LATE YOGACHARI @ RAJU,
                  AGED ABOUT 35 YEARS

Digitally
signed by   4.    KUM. AISHWARYA MARY
ALBHAGYA          D/O LATE YOGACHARI @ RAJU,
Location:         AGED ABOUT 29 YEARS
HIGH
COURT OF
KARNATAKA   5.    KUM PREETHI
                  D/O LATE YOGACHARI @ RAJU,
                  AGED ABOUT 26 YEARS

                  ALL ARE R/O CHURCH ROAD, KAMANUBAPU
                  BADAVANE KASABA HOBLI,
                  CHITRADURGA-515281
                                                        ...APPELLANTS
            (BY SRI. VIJAYA M N, ADVOCATE)
                              -2-
                                         NC: 2023:KHC:44985
                                      RSA No. 1071 of 2021




AND:

    JAYAMMA @ JAYALAKSHMI @ BILIYAMMA
    AGED ABOUT 75 YEARS,
    R/O HONNAVARA VILLAGE, DUDDA HOBLI,
    HASSAN TALUK-573 201.
                                               ...RESPONDENT
     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.09.2021 PASSED IN
RA.NO. 163/2019 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, HASSAN, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
19.08.2019 PASSED IN OS.NO.507/2015 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE, AND JMFC, HASSAN.

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

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal.

Memo is taken on record.

The appeal is dismissed as withdrawn.

The pending interlocutory application, if any, does

not survive for consideration and stands disposed of

accordingly.

Sd/-

JUDGE CA