Sri. Nanjappa vs Smt. Lakshmamma
2023 Latest Caselaw 9704 Kant

Karnataka High Court

Sri. Nanjappa vs Smt. Lakshmamma on 7 December, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                         -1-
                                                     NC: 2023:KHC:44288
                                                  RFA No. 1910 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                     BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                  REGULAR FIRST APPEAL NO. 1910 OF 2022 (PAR)
            BETWEEN:

            1.    SRI. NANJAPPA,
                  S/O. GOVINDAPPA,
                  AGED ABOUT 61 YEARS.

            2.    SRI. S. NARAYANA,
                  S/O GOVINDAPPA,
                  AGED ABOUT 47 YEARS,
                  BOTH ARE RESIDING AT
                  K.G. SREENIVASAPURA VILLAGE,
                  KASABA HOBLI, NELAMANGALA TALUK,
                  BENGALURU RURAL DISTRICT.
                                                          ...APPELLANTS
            (BY SRI. GANGADHARAIAH A.N., ADVOCATE)
Digitally
signed by   AND:
VANDANA S
Location:
HIGH        1.    SMT. LAKSHMAMMA,
COURT OF          W/O. LATE B.N. NARASIMHAIAH,
KARNATAKA
                  AGED ABOUT 72 YEARS,
                  RESIDING AT :COLONY,
                  OPP. TO RURAL POLICE STATION,
                  NELAMANGALA TOWN.

            2.    SMT. NARASAMMA,
                  D/O. LATE B.N. NARASIMHAIAH,
                  AGED ABOUT 67 YEARS,
                  RESIDING AT : MAYAKUPPANAHALLI.
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                                        NC: 2023:KHC:44288
                                     RFA No. 1910 of 2022




3.   SMT. THIMMAKKA,
     W/O. LATE RANGAPPA,
     AGED ABOUT 80 YEARS.

4.   SMT. BYLAMMA,
     W/O. LATE THIRUMALE GOWDA,
     AGED ABOUT 80 YEARS,
     BOTH ARE RESIDING AT:
     BINNAMANGALA VILLAGE,
     KASABA HOBLI, NELAMANGALA,
     BANGALORE RURAL DISTRICT.

5.   SRI. MUNIBHYRAPPA,
     S/O. LATE NANJAPPA,
     AGED ABOUT 81 YEARS,
     NEAR ASHWATHKATTE,
     SUBRAMANYANAGARA,
     BENGALURU.

6.   SRI. GOVINDAPPA,
     S/O LATE NANJAPPA,
     AGED ABOUT 78 YEARS,
     K.G. SREENIVASAPURA VILLAGE,
     KASABA HOBLI, NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT.

7.   M/S VIJAYA DEVELOPERS,
     NO.13, J.C. ROAD, TUMKUR,
     REP. BY ITS MANAGING PARTNER.
     SRI. T.K. NANJUNDAPPA.

8.   M/S VIJAYA DEVELOPERS,
     NO.13, J.C. ROAD, TUMKUR,
     REP. BY ITS MANGAING PARTNER,
     SRI. T.G. MRUTHYUNJAYA.
                                           ...RESPONDENTS
                                   -3-
                                                   NC: 2023:KHC:44288
                                              RFA No. 1910 of 2022




      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 28.10.2021 PASSED IN
OS No.315/2010 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, NELAMANGALA, DISMISSING THE SUIT FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION AND
ETC.,

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

                             JUDGMENT

Learned counsel for appellants has filed a memo seeking withdrawal of the appeal, reserving liberty in favour of appellants to file an appropriate appeal before the Jurisdictional Appellate Court / District Judge.

2. Memo is placed on record.

3. Appeal is disposed of as withdrawn reserving liberty in favour of the appellants to file an appropriate appeal before the Jurisdictional Appellate Court / District Judge.

4. If such an appeal is preferred within a period of six weeks from today, the appellants would be entitled to benefit of Section 14 of the Limitation Act.

5. Registry is directed to return all the papers back to the appellants forthwith without any delay.

Sd/-

JUDGE DHA

CT: ABS