Karnataka High Court
Muddamma vs D B Jayadevappa on 20 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:46510
RFA No. 700 of 2011
C/W MFA No. 3413 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 700 OF 2011 (DEC/INJ)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3413 OF 2011
IN RFA 700/2011
BETWEEN:
1. MUDDAMMA
W/O CHIKKANARAYANAPPA
AGED ABOUT 70 YEARS
R/AT KURUDSONNENAHALLI VILLAGE
VIRGONAGAR POST
BIDARAHALLI HOBLI, BANGALORE-49.
2. PARVATHAMMA
W/O LATE NARAYANAPPA
Digitally signed
by AGED ABOUT 56 YEARS
DHANALAKSHMI R/AT KANNAMPALLI VILLAGE
MURTHY
CHINTHAMANI TALUK
Location: High
Court of CHIKKABALLAPUR DISTRICT-563125.
Karnataka
3. PAPANNA
S/O LATE MUNIYAPPA
AGED ABOUT 67 YEARS
R/AT KANNAMPALLI VILLAGE
CHINTHAMANI TALUK
CHIKKABALLAPUR DISTRICT-563125.
4. MUNISHAMAPPA
SINCE DEAD BY HIS LR'S
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RFA No. 700 of 2011
C/W MFA No. 3413 of 2011
4(a) SRI. MUNIRAJU
S/O LATE MINISHAMAPPA
AGED ABOUT 46 YEARS
4(b) SMT. MUNIRATHNAMMA
D/O LATE MUNISHAMAPPA
AGED ABOUT 41 YEARS
4(c) SRI MANJUNATHA M
S/O LATE MUNISHAMAPPA
AGED ABOUT 40 YEARS
ALL ARE R/AT DODDANALLURU HALLI VILLAGE
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT-562114.
...APPELLANTS
(BY SRI.SHYAM PRASHANTHA S., ADVOCATE FOR A1:
SRI. M V ANIL KUMAR, ADVOCATE FOR A4(a) TO (c):
SRI. S KEERTHIKAR, ADVOCATE FOR A2 & A3)
AND:
1. D B JAYADEVAPPA
S/O C BASAPPA
AGED ABOUT 57 YEARS
2. MARIYAPPA
S/O CHIKKAHONNAPPA
AGED ABOUT 72 YEAR
BOTH ARE RESIDING AT
DODDANALLURU VILLAGE
JADIGENAHALLI HOBLI
HOSAKOTE TALUK
BAGNALORE RURAL DISTRICT-562114.
...RESPONDENTS
(BY SRI. B RAMESH, ADVOCATE &
SRI. T A ANAND.,ADVOCATE FOR R1 & R2)
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NC: 2023:KHC:46510
RFA No. 700 of 2011
C/W MFA No. 3413 of 2011
THIS RFA IS FILED UNDER SECTION 96, OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED31.03.2011
PASSED IN O.S.1226/2009 ON THE FILE OF THE PRL. DISTRICT
AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT,
BANGALORE, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN MFA 3413/2011
BETWEEN:
1. MUDDAMMA
W/O CHIKKANARAYANAPPA
AGED ABOUT 70 YEARS
R/AT KURUDSONNENAHALLI VILLAGE
VIRGONAGAR POST
BIDARAHALLI HOBLI, BANGALORE-49.
2. PARVATHAMMA
W/O LATE NARAYANAPPA
AGED ABOUT 56 YEARS
R/AT KANNAMPALLI VILLAGE
CHINTHAMANI TALUK
CHIKKABALLAPUR DISTRICT-563125.
3. PAPANNA
S/O LATE MUNIYAPPA
AGED ABOUT 67 YEARS
R/AT KANNAMPALLI VILLAGE
CHINTHAMANI TALUK
CHIKKABALLAPUR DISTRICT-563125.
4. MUNISHAMAPPA
SINCE DEAD BY HIS LR'S
4(a) SRI. MUNIRAJU
S/O LATE MINISHAMAPPA
AGED ABOUT 46 YEARS
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NC: 2023:KHC:46510
RFA No. 700 of 2011
C/W MFA No. 3413 of 2011
4(b) SMT. MUNIRATHNAMMA
D/O LATE MUNISHAMAPPA
AGED ABOUT 41 YEARS
4(c) SRI MANJUNATHA M
S/O LATE MUNISHAMAPPA
AGED ABOUT 40 YEARS
ALL ARE R/AT DODDANALLURU HALLI VILLAGE
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT-562114.
...APPELLANTS
(BY SRI.SHYAM PRASHANTHA S., ADVOCATE FOR A1:
SRI. M V ANIL KUMAR, ADVOCATE FOR A4(a) TO (c):
SRI. S KEERTHIKAR, ADVOCATE FOR A2 & A3)
AND:
1. D B JAYADEVAPPA
S/O C BASAPPA
AGED ABOUT 57 YEARS
2. MARIYAPPA
S/O CHIKKAHONNAPPA
AGED ABOUT 72 YEAR
BOTH ARE RESIDING AT
DODDANALLURU VILLAGE
JADIGENAHALLI HOBLI
HOSAKOTE TALUK
BAGNALORE RURAL DISTRICT-562114.
...RESPONDENTS
(BY SRI. B RAMESH, ADVOCATE &
SRI. T A ANAND.,ADVOCATE FOR R1 & R2)
THIS MFA IS FILED UNDER SECTION 299, OF INDIAN
SUCCESSION ACT AGAINST THEORDER DATED: 31.03.2011
PASSED IN MISC.P.NO.132/2009 ON THE FILE OF PRINCIPAL
DISTRICT AND SESSIONS JUDGE BANGALORE RURAL
DISTRICT, BANGALORE ALLOWING MIS.PETITION FILED
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RFA No. 700 of 2011
C/W MFA No. 3413 of 2011
UNDER SECTION 264 OF INDIA SUCCESSIONS ACT FOR
REVOKING THE PROBATE GRANTED IN P & SC CASE
NO.25/2008 DATED:31.03.2009.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellants has filed a memo
dated 13.12.2023 seeking leave of this Court to withdraw
the above appeals.
2. Memo dated 13.12.2023 is taken on record.
3. Accordingly, the appeals are dismissed as
withdrawn.
4. All pending applications do not survive for
consideration and the same are also disposed of.
Sd/-
JUDGE
HA
