Sri Rangaramanna vs Sri Shivamma
2023 Latest Caselaw 9182 Kant

Karnataka High Court

Sri Rangaramanna vs Sri Shivamma on 4 December, 2023

                                             -1-
                                                        NC: 2023:KHC:43543
                                                      RSA No. 1981 of 2015




                      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. 1981 OF 2015
                                    (DEC/INJ)

                 BETWEEN:

                 SRI. RANGARAMANNA
                 S/O LATE RANGEGOWDA,
                 AGED ABOUT 75 YEARS,
                 R/O HONNENAHALLI,
                 KOTHAGERE HOBLI,
                 KUNIGAL TALUK, TUMKUR DISTRICT.
                                                              ...APPELLANT
                 (BY SRI. M B CHANDRA CHOODA, ADVOCATE)

                 AND:

                 1.     SRI SHIVAMMA
Digitally               W/O LATE SHIVANNA,
signed by R             SINCE DEAD BY HER LR'S
DEEPA
Location: High   1(A) SMT. MANGALAMMA
Court of              W/O CHANNAVEERAIAH
Karnataka
                      AGED ABOUT 60 YEARS
                      R/O KANNASANDRA
                      POST: GUDEMARANAHALLI HAND POST
                      SOLUR HOBLI, MAGADI TQ.
                      RAMANAGARA DISTRICT.

                 2.     SRI. H S MALLESHAIAH
                        S/O LATE SHIVANNA,
                        AGED ABOUT 65 YEARS,
                        R/O NO.3/11, 9TH MAIN ROAD, BSV ROAD (WEST),
                        GES POST, SHAMANNANAGAR,
                             -2-
                                        NC: 2023:KHC:43543
                                      RSA No. 1981 of 2015




     MYSORE ROAD,
     BENGALURU-560026.

3.   SRI. CHANDRASHEKARAIAH
     S/O LATE SHIVANNA,
     AGED ABOUT 62 YEARS,
     ASSISTANT, MOTHER DAIRY, YELAHANKA,
     BENGALURU-560 064

4.   SRI H S KUMAR
     S/O LATE SHIVANNA,
     AGED ABOUT 60 YEARS,
     R/O HONNENAHALLI,
     KOTHAGERE HOBLI, KUNIGAL TALUK,
     TUMKUR DISTRICT
                                           ...RESPONDENTS

(BY SRI. N.K. KANTHA RAJU, ADVOCATE FOR R1(A) & R2
    V/O DATED 13.07.2022 SERVICE OF NOTICE TO R3 IS D/W
    V/O DATED 04.10.2023 SERVICE OF NOTICE ON R4 H/S)


     THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 22.03.2011 PASSED IN
RA.NO.14/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC   AT   KUNIGAL,   DISMISSING  THE   APPEAL   AND
CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2009
PASSED IN OS.NO.40/2000 ON THE FILE OF THE ADDL.CIVIL
JUDGE (JR.DVN) AT KUNIGAL.

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


                       JUDGMENT

After hearing for some time, learned counsel for the

appellant filed a memo seeking leave of the Court to

withdraw the appeal with liberty to file FDP proceedings in

NC: 2023:KHC:43543

respect of the preliminary decree passed in

O.S.No.151/1973.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn, with the aforesaid liberty.

4. In view of dismissal of the appeal, pending I.As.,

if any, do not survive for consideration in this appeal and

are accordingly disposed of.

5. Registry is directed to transmit the trial Court

records, forthwith.

SD/-

JUDGE

RD