Karnataka High Court
Smt Kinniamma vs Sri Neelayya Gowda on 14 December, 2023
-1-
NC: 2023:KHC:45512
RSA No. 1808 of 2013
C/W RSA.CROB No. 13 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1808 OF 2013 (PAR)
C/W
RSA CROSS OBJECTION NO. 13 OF 2014
IN RSA No.1808/2013
BETWEEN:
SMT. GIRIJA
AGED ABOUT 33 YEARS
W/O THIMMAPPA GOWDA
R/O DERAJE OF INDABETTU VILLAGE
BELTHANGADY TALUK 574 211
DK DISTRICT
...APPELLANT
(BY SRI. KESHAVA BHAT A., ADVOCATE)
Digitally signed
by R DEEPA AND:
Location: High
Court of 1. SMT. KINNIAMMA
Karnataka AGED ABOUT 54 YEARS
D/O LATE THUMINI GOWDA
2. SRI POOVAPPA GOWDA
AGED ABOUT 52 YEARS
S/O LATE THUMINI GOWDA
3. SRI SANJEEVA GOWDA
AGED ABOUT 49 YEARS
S/O LATE THUMINI GOWDA
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NC: 2023:KHC:45512
RSA No. 1808 of 2013
C/W RSA.CROB No. 13 of 2014
RESPONDENTS No.1 TO 3 ARE RESIDING AT
KURIYADI OF KANIYOOR VILLAGE
AND POST, BELTHANGADY TALUK
DK DISTRICT 574 211
4. PADMA @ KANTHAPPA GOWDA
AGED ABOUT 45 YEARS
S/O LATE SMT SEETHAMMA
5. SRI SUNDARA @ CHENNAPPA GOWDA
AGED ABOUT 39 YEARS
S/O LATE SMT SEETHAMMA
6. SRI VISHWANATHA
AGED ABOUT 33 YEARS
S/O LATE SMT SEETHAMMA
RESPONDENTS No.4 TO 6 ARE
R/O KURADANAGE HOUSE
BARYA VILLAGE & POST
BELTHANGADY TALUK
DK DISTRICT 574 211
7. SMT CHENNAMMA
AGED ABUOT 37 YEARS
D/O LATE SMT SEETHAMMA
W/O VISHWANATHA
R/O ARBI HOUSE,
BELIYOOR VILLAGE
BANTWAL TALUK 574 211,
DK DISTRICT
8. SRI NEELAYYA GOWDA
AGED ABOUT 58 YEARS
S/O LATE RUKMAYA GOWDA
R/O KURIYADI OF KANIYOOR VILLAGE
BELTHANGADY TALUK,
DK DISTRICT 574 211
9. SRI BABU GOWDA
AGED ABOUT 60 YEARS
S/O LATE RUKMAYA GOWDA
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NC: 2023:KHC:45512
RSA No. 1808 of 2013
C/W RSA.CROB No. 13 of 2014
R/O DERAJE OF INDABETTU VILLAGE
BELTHANGADY TALUK,
DK DISTRICT 574 211
...RESPONDENTS
(BY SRI. SACHIN B.S., ADVOCATE FOR
SRI. DHARAMASHREE ASSTS, FOR R1 TO R7
R8 SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DTD 26.7.2013 PASSED IN
R.A.NO.18/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, BELTHANGADY, D.K., ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DTD 4.10.2008
PASSED IN OS.NO.82/2006 ON THE FILE OF CIVIL JUDGE
(JR.DN.) AND JMFC, BELTHANGADY, D.K.
IN RSA CROB.13/2014
BETWEEN:
1. SMT. KINNIAMMA
AGED ABOUT 55 YEARS
D/O LATE THUMINI GOWDA
2. SRI POOVAPPA GOWDA
AGED ABOUT 53 YEARS
S/O LATE THUMINI GOWDA
3. SRI SANJEEVA GOWDA
AGED ABOUT 50 YEARS
S/O LATE THUMINI GOWDA
No.1 TO 3 ARE RESIDING AT
KURIYADI OF KANIYOOR VILLAGE
AND POST, BELTHANGADY TALUK
DK DISTRICT 574 211
4. PADMA @ KANTHAPPA GOWDA
AGED ABOUT 46 YEARS
S/O LATE SMT SEETHAMMA
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NC: 2023:KHC:45512
RSA No. 1808 of 2013
C/W RSA.CROB No. 13 of 2014
5. SRI SUNDARA @ CHENNAPPA GOWDA
AGED ABOUT 40 YEARS
S/O LATE SMT SEETHAMMA
6. SRI VISHWANATHA
AGED ABOUT 34 YEARS
S/O LATE SMT SEETHAMMA
RESPONDENTS No.4 TO 6 ARE
R/O KURADANAGE HOUSE
BARYA VILLAGE & POST
BELTHANGADY TALUK
DK DISTRICT 574 211
7. SMT CHENNAMMA
AGED ABUOT 38 YEARS
D/O LATE SMT SEETHAMMA
W/O VISHWANATHA
R/O ARBI HOUSE, BELIYOOR VILLAGE
BELTHANGADY TALUK 574 211,
DK DISTRICT
...CROSS-OBJECTORS
(BY SRI. SACHIN B.S., ADVOCATE)
AND:
1. SRI NEELAYYA GOWDA
AGED ABOUT 58 YEARS
S/O LATE RUKMAYA GOWDA
R/O KURIYADI OF KANIYOOR VILLAGE
BELTHANGADY TALUK,
DK DISTRICT 574 211
2. SRI BABU GOWDA
AGED ABOUT 60 YEARS
S/O LATE RUKMAYA GOWDA
R/O DERAJE OF INDABETTU VILLAGE
BELTHANGADY TALUK
DK DISTRICT 574 211
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NC: 2023:KHC:45512
RSA No. 1808 of 2013
C/W RSA.CROB No. 13 of 2014
3. SMT. GIRIJA
AGED ABOUT 33 YEARS
W/O THIMMAPPA GOWDA
R/O DERAJE OF INDABETTU VILLAGE
BELTHANGADY TALUK 574 211
DK DISTRICT
...RESPONDENTS
THIS CROSS-OBJECTION IS FILED IN RSA No.1808/2013
UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED 26.07.2013 PASSED IN RA No.18/2009
ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC,
BELTHANGADY, D.K. DISTRICT ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
04.10.2008 PASSED IN OS No.82/2006 ON THE FILE OF THE
CIVIL JUDGE (JR. DVN) AND JMFC, BELTHANGADY, D.K.
DISTRICT.
THIS RSA AND RSA CROB COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellant filed memo seeking
leave of the Court to withdraw the appeal contending that
the appellant is not interested in prosecuting the appeal.
Learned counsel for the cross-objector filed memo seeking
leave of the Court to withdraw the cross-objections on the
ground that the matter is settled amicably.
2. Memos are placed on record.
NC: 2023:KHC:45512
3. Accordingly, the appeal and the cross-objections
are dismissed as withdrawn. In view of dismissal of the
appeal and cross-objections, pending I.As., if any, do not
survive for consideration and are accordingly disposed of.
SD/-
JUDGE
RD
