Karnataka High Court
H R Doddaiah S/O Late Rangappa vs H V Muralidhara on 28 February, 2023
Bench: Shivashankar Amarannavar
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RSA No. 472 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 472 OF 2012 (PAR)
BETWEEN:
H R DODDAIAH
S/O LATE RANGAPPA
AGED ABOUT 71 YEARS,
R/A NO.975/A, MAHALAKSHMI KRUPA,
K.R.PURAM, JAYASHREE NURSING HOME
ROADHASSAN-573 201
...APPELLANT
(BY SRI. N K KANTHARAJU., ADVOCATE)
AND:
1. H V MURALIDHARA
S/O LATE H.R.VENKATARAMU
AGED ABOUT 44 YEARS,
OCC:AGRICULTURE,
Digitally signed OLD POST OFFICE ROAD,
by CHANDANA
HASSAN
BM
Location: HIGH 2. SATHISH
COURT OF
S/O LATE H.R.SANJEEVAIAH
KARNATAKA
AGED ABOUT 50 YEARS,
OCC: BUSINESS
3. GANESHA
S/O LATE H.R.SANJEEVAIAH
AGED ABOUT 48 YEARS,
OCC: BUSINESS
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RSA No. 472 of 2012
4. NAGESH
S/O LATE H.R.SANJEEVAIAH
AGED ABOUT 46 YEARS,
OCC: BUSINESS
5. VENKATESH
S/O LATE H.R.SANJEEVAIAH
AGED ABOUT 43 YEARS,
OCC: BUSINESS
RESPONDENTS NO.2 TO 5 ARE
RESIDING AT C/O. SATHYA PRAKASH,
LORRY OWNER, TELAGARA ROAD,
HASSAN -573201.
6. SMT NANJAMMA
W/O G.RAJEGOWDA
AGED ABOUT 74 YEARS,
OCC: HOUSEWIFE,
R/AT DRK LAYOUT, B.M. ROAD,
HASSAN - 573201.
7. SMT RUKMINI H V
W/O DHARAMARAJU
AGED ABOUT 53 YEARS,
OCC: HOUSE WIFE
R/A DODDAKANAGALU,
ALUR TALUK - 573213
HASSAN DISTRICT.
8. SMT CHANDRAMMA H V
W/O KALEGOWDA
AGED ABOUT 48 YEARS,
OCC: HOUSE WIFE
R/A POLICE QUARTERS,
HASSAN -573201
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RSA No. 472 of 2012
9. SMT H V BEBI
W/O N.L.NARAYANAGOWDA
AGED ABOUT 48 YEARS,
OCC: AGRICULTURE
TIPTUR TOWN -572 201
TUMKUR DISTRICT
10. SMT GOWRAMMA
W/O LATE H.R.VENKATARAMU
AGED ABOUT 60 YEARS,
OCC: HOUSE WIFE
OLD POST OFFICE ROAD,
HASSAN -573201.
11. SMT NAGAVENI
W/O RAMANNA
AGED ABOUT 42 YEARS,
OCC: HOUSE WIFE
NELLIKERE, TIPTUR TALUK
TUMKUR DISTRICT - 572201
12. SMT JAYALAKSHMI
W/O LATE SANJEEVAIAH
AGED ABOUT 60 YEARS,
OCC: HOUSE WIFE
R/AT SATHYA PRAKASH
LORRY OWNER, TALUGARA ROAD,
HASSAN - 573201
...RESPONDENTS
(BY SRI. M P SRIKANTH., ADVOCATE FOR R6; R4, 8 & 9 ARE
SERVED & UNREPRESENTED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 14.10.2011 PASSED IN
R.A.NO.57/2006 ON THE FILE OF THE ADDITIONAL DISTRICT
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RSA No. 472 of 2012
JUDGE AND PRESIDING OFFICER, FAST TRACK COURT-1, AT
HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 13.12.2004 PASSED IN
O.S.NO.298/1997 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE(JUNIOR DIVISION), AND J.M.F.C., II COURT, HASSAN.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant submits that during the
pendency of this appeal appellant has sold the property and he is
not interested to prosecute this appeal. He files a memo to that
effect which reads thus:
"The appellant has sold the schedule property during the
pendency of above appeal creating third party interest.
Since, they have no right, title, interest and possession,
his right to the schedule property has been extinguished,
he is not interested in prosecuting the above appeal.
In the circumstances, it is prayed that this Hon'ble Court
may be dismissed the above appeal in the interest of
justice and equity."
In view of the memo supporting the submission, appeal is
dismissed as not pressed.
Sd/-
JUDGE
BVK
