Karnataka High Court
Smt Sharadamma vs Smt R V Veeramma on 4 December, 2023
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NC: 2023:KHC:43542
RSA No. 680 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 680 OF 2012 (PAR)
BETWEEN:
SMT. SHARADAMMA
W/O LATE K.R. SHIVAMURTHY,
AGED ABOUT 70 YEARS,
R/AT NO.253, 2ND MAIN,
NIVEDITA NAGAR,
MYSORE-570022.
...APPELLANT
(BY SRI. P.N. RAJESWARA AND
SRI. H.R. NARAYANA RAO, ADVOCATES)
AND:
SMT R V VEERAMMA
W/O LATE K.M. MALLAPPA,
Digitally SINCE DEAD BY HER LRS
signed by R
DEEPA 1. SMT K SUSHEELAMMA
Location: High W/O SHIVAKUMAR AND
Court of D/O LATE K M MALLAPPA
Karnataka AGED ABOUT 57 YEARS
R/A NO.104, 8TH CROSS,
EAST PARK ROAD,
RAGHAVENDRA SWAMY TEMPLE,
BANGALORE - 560 003
2. SMT K M JAGADAMBA
W/O SHIVAKUMAR AND
D/O LATE K M MALLAPPA
AGED ABOUT 55 YEARS,
-2-
NC: 2023:KHC:43542
RSA No. 680 of 2012
R/A NMO.44/12, 2ND CROSS,
VITTAL NAGAR, CHAMARAJPET,
BANGALORE-4560018
3. SMT K M SAROJA
W/O DR. SRI NAAGESH AND
D/O LATE K.M.MALLAPPA,
AGED AJBOUT 51 YEARS,
R/IN BACK SIDE OF DOOR NO. 104, 8TH CROSS,
EAST PARK ROAD,
OPP:RAGHAVENDRA SWAMY TEMPLE,
MALLESWARAM, BANGALORE-560003
4. K M CHANDRASHEKAR
S/O LATE MALLAPPASHETTY,
AGED ABOUT 59 YEARS,
PRESIDENT 39 WEST SIDE,
DR. MARKKHAM ONT.
CANADA L 3P7J6
5. SIDDAVEERAPPA
S/O LATE ATTIGOUD SIDDAPPA,
AGED ABOUT 58 YEARS,
GENERAL MERCHANT, D.NO.4/196,
15TH CROSS, BASAVESHWARA BLOCK,
K.R.NAGAR - 571 602
6. A S NAGENDRA SHETTY
S/O LATE ATTIGODU SIDDAPPA,
AGED ABOUT 56 YEARS,
R/A AKKAMAHADEVI TEMPLE ROAD,
BASAVESHWARA BLOCK,
K.R.NAGAR - 571 602
7. A S JAGADEESHA
S/O LATE ATTIGODU SIDDAPPA,
AGED ABOUT 53 YEARS,
R/A GANESH KRUPA
NO.442-4, BEHIND,
BASAVESHWARA TEMPLE,
BASAVESHWARA BLOCK.
K.R.NAGAR - 571 602
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NC: 2023:KHC:43542
RSA No. 680 of 2012
8. THOTAPPA SETTY
S/O LATE ATTIGODU SIDDAPPA,
AGED ABOUT 50 YEARS,
R/A AKKAMAHDEVI TEMPLE ROAD,
BASAVESWARA BLOCK,
K.R.NAGAR - 571 602
9. A S SHIVAKUMAR
S/O LATE ATTIGODU SIDDAPPA,
AGED ABOUT 46 YEARS,
R/A GANESH KRUPA, NO.442-4,
BEHIND BASAVESHWARA TEMPLE,
BASAVESHWARA BLOCK,
K.R.NAGAR - 571 602
10. A S GANESH
S/O LATE ATTIGODU SIDDAPPA
AGED ABOUT 44 YEARS,
GENERAL MERCHANT
R/A AKKAMAHDEVI TEMPLE ROAD,
BASAVESHWARA BLOCK
K.R.NAGAR - 571 602
11. SMT K S PREMA
W/O RUDRAPRAKASH
AGED ABOUT 41 YEARS,
R/A RUDRESH KRUPA
3RD MAIN, P.J. EXTENSION
DAVANAGERE - 577 002
12. SMT GANGAMMA
D/O LATE K MALLAPPA
SINCE DEAD BY HER LEGAL REPRESENTATIVES
12(A) SMT K MANJULA
W/O SURESH
R/A D.NO.1161,
UPSTAIRS, LALITHADEVI,
2ND CROSS,
G & H BLOCK, KUVEMPUNAGAR,
MYSORE-570023
-4-
NC: 2023:KHC:43542
RSA No. 680 of 2012
12(B) SMT VEENA R SHEKHAR
W/O G RAJASHEKHAR,
R/A D.NO.718, 2ND CROSS,
2ND MAIN, 1ST BLOCK,
RAMAKRISHNA NAGAR,
MYSORE-570023
12(C) SMT K M REKHA
W/O ARUN R/A NO.100,
AKSHAYA, 5TH MAIN, 2ND CROSS,
CHANNAMMANAKERE ACHUKATTU,
BANASHANKARI, 3RD STAGE,
BANGALORE - 560 050
...RESPONDENTS
[BY SRI. K. RAVISHANKAR, ADVOCATE FOR R4, R12 (A&C)
R6, R8, R9, R10 & R11 ARE SERVED
V/O DATED 18.01.2017 NOTICE H/S IN R/O R1, R3
V/O DATED 07.03.2019 SERVICE OF NOTICE TO R2 H/S
APPEAL DISMISSED AS ABATED AGAINST R5, R7 &
R12(B)]
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 03.12.2011 PASSED IN
R.A.NO.130/2010 ON THE FILE OF THE V ADDITIONAL
DISTRICT JUDGE AT MYSORE, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
01.03.2010 PASSED IN O.S.NO.12/2007 ON THE FILE OF THE
CIVIL JUDGE (SR.DN) & JMFC., K.R.NAGAR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant filed a memo
seeking leave of the Court to withdraw the appeal.
NC: 2023:KHC:43542
2. Memo is placed on record.
3. Accordingly, the appeal is dismissed as
withdrawn.
4. In view of dismissal of the appeal, pending I.As.,
if any, do not survive for consideration and are accordingly
disposed of.
5. Registry is directed to transmit the trial Court
records, forthwith.
SD/-
JUDGE
RD
