Karnataka High Court
Nanjamma vs Kalamma on 8 December, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:44932-DB
RFA No. 1422 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1422 OF 2022 (PAR/POS)
BETWEEN:
NANJAMMA
SINCE DEAD
Digitally signed by
ANUSHA V
Location: HIGH 1. SMT. SUSHEELA
COURT OF D/O LATE HANUMAIAH
KARNATAKA
AGED ABOUT 46 YEARS
2. VARALAKSHMI
D/O LATE HANUMAIAH
AGED ABOUT 33 YEARS
BOTH ARE R/AT NO.53
2ND CROSS, BASAVESHWARA LAYOUT
KADABAGERE, DASANAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-562 130. ...APPELLANTS
(BY SHRI. K. MURTHY, ADVOCATE)
AND:
KALAMMA
SINCE DEAD
1. SMT. RADHAMMA
AGED ABOUT 59 YEARS
W/O LATE PUTTASWAMAIH
R/AT JANAGERE VILLAGE
THIPPASANDRA HOBLI
MAGADI TALUK
BANGALORE RURAL DISTRICT.
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RFA No. 1422 of 2022
2. SRI. GANGAVEERAIAH
S/O LATE VEERABAHADRAIAH
AGED ABOUT 66 YEARS
3. SMT. SHASHIKALA
W/O KALLEGOWDA
AGED ABOUT 38 YEARS
4. SRI. H.G. SHIVAKUMAR
S/O LATE H.V. GANGAVEERAIAH
AGED ABOUT 35 YEARS
RESPONDENTS NO. 2 TO 4 ARE
R/AT HODAGATTA VILLAGE
AGALAVADI HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT-572 222.
5. SMT. GOWRAMMA
W/O LATE NARASIMHAIAH
AGED ABOUT 74 YEARS
R/AT NO.34/A
KANAKANAPALYA
JAYANAGARA 2ND STAGE
BANGALORE-560 011.
6. SRI. J.S. RAJANNA
S/O LATE SANJEEVAIAH
AGED ABOUT 60 YEARS
7. SRI. PUTTASWAMY
S/O LATE SANJEEVAIAH
AGED ABOUT 57 YEARS
8. SRI. J.S. RAMANNA
S/O LATE SANJEEVAIAH
AGED ABOUT 55 YEARS
9. SRI. CHANDRAPPA
S/O LATE SANJEEVAIAH
AGED ABOUT 52 YEARS
RESPONDENTS NO. 6 TO 9 ARE
R/AT JANIGERE VILLAGE
THIPPASANDRA HOBLI
MAGADI TALUK PIN-562 131.
10. SMT. RAMAKKA
D/O LATE SANJEEEVAAIAH
AGED ABOUT 62 YEARS
R/AT HARALEKERE VILLAGE
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RFA No. 1422 of 2022
SINGEHALLI POST
MAYASANDRA HOBLI
TURUVEKERE TALUK
TUMKURU DISTRICT PIN-572 213.
11. SMT. KARIYAMMA
D/O LATE SANJEEEVAAIAH
W/O NANJAPPA
AGED 64 YEARS
R/AT BHIMANAPURA VILLAGE
KEMPANAHALLI POST
HUTRIDURGA HOBLI
KUNIGAL TALUK
TUMAKURU-572 126.
12. SMT. LAKSHMAMMA
D/O LATE SANJEEEVAAIAH
AGED ABOUT 63 YEARS
R/AT JANIGERE VILLAGE
THIPPASANDRA HOBLI
MAGADI TALUK PIN-562 131.
13. SMT. THIMMAMMA
D/O LATE SANJEEEVAAIAH
W/O PUTTEGOWDA
AGED ABOUT 66 YEARS
R/AT ACCHAMMANAHALLI VILLAGE
SANTEBACHANAHALLI HOBLI
K.R. PET TALUK
MANDYA DISTRICT PIN-571 436 ...RESPONDENTS
(BY SHRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR C/R1;
V/O DATED 16.09.2022 NOTICE TO R7 TO R13 IS
DISPENSED WITH)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
28.07.2022 PASSED IN OS No.84/2014 ON THE FILE OF
THE ADDL. SENIOR CIVIL JUDGE AND JMFC., MAGADI,
DISMISSING THE SUIT FOR PARTITION, SEPARATE POSSESSION
AND MESNE PROFITS.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
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RFA No. 1422 of 2022
JUDGMENT
Learned advocate for the appellants has filed
a memo of even date seeking leave to withdraw
this appeal.
2. Memo be kept in record. Leave granted.
This appeal is dismissed as withdrawn.
3. In view of disposal of this appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
