Sri Yadhava Moily vs Smt Sharada
2023 Latest Caselaw 674 Kant

                         1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF JANUARY, 2023

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

           R.S.A NO. 2066 OF 2015(PAR)

BETWEEN:

1. SRI YADHAVA MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 56 YEARS,
R/AT PANJILA HOUSE, PADANGADI POST,
BELTHANGADI TALUK, D.K.DISTRICT - 574 217.

2. SRI NARAYANA MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 44 YEARS

3. SRI KESHAVA MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 42 YEARS

4. SRI ANANDA MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 39 YEARS

5. SRI SURESH MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 36 YEARS

RESPONDENTS NO.2 TO 5 ARE R/AT KOLYA HOUSE,
KAVALAMOODU VILLAGE, BANTWALA TALUK,
D.K.DISTRICT - 574 231.
                                     ...APPELLANTS
(BY MS.LAKSHMI DEVI.K, ADVOCATE FOR
                           2


SRI.PRASANNA V R, ADVOCATE)

AND:

1. SMT SHARADA
W/O SRI RAJESHA,
D/O LATE DERAPPA MOILY,
AGED ABOUT 38 YEARS

2. SMT. REVATHI
W/O KUSUMANABHA,
D/O LATE DERAPPA MOILY,
AGED ABOUT 36 YEARS

3. SMT. THULASI
W/O DEVADAS,
D/O LATE DERAPPA MOILY,
AGED ABOUT 34 YEARS

4. JAYANTHI
D/O LATE DERAPPA MOILY,
AGED ABOUT 33 YEARS

5. LALITHA
D/O LATE DERAPPA MOILY,
AGED ABOUT 32 YEARS

6. SRI DOMBAYYA
S/O LATE DERAPPA MOILY,
AGED ABOUT 31 YEARS

7. CHANDRIKA
D/O LATE DERAPPA MOILY,
AGED ABOUT 29 YEARS

8. REKHA
D/O LATE DERAPPA MOILY,
AGED ABOUT 24 YEARS
                          3


RESPONDENTS NO.1 TO 8 ARE ALL
R/AT KOLYA HOUSE, KAVALAMUDUR VILLAGE,
KAVALKATTE POST, BANTWAL TALUK,
D.K.DISTRICT - 574 231.

9. SMT. KALYANI @ PAARU
W/O LATE DEJAPPA MOILY @ DEVADIGA,
SINCE DEAD
APPELLANTS AND R10 ARE THE LRs OF R9.

10. SRI ANNI MOILY
S/O LATE DEJAPPA MOILY @ DEVADIGA,
AGED ABOUT 49 YEARS,
R/AT KOLYA HOUSE, KAVALAMOODU VILLAGE,
BANTWALA TALUK
D.K.DISTRICT - 574 231.

                                    ...RESPONDENTS

(BY SRI.G RAVISHANKAR SHASTRY, ADVOCATE FOR R1
TO R8; R10 SERVED;
V/O DTD: 06/07/2017 APPELLANTS AND R10 ARE LRs OF
DECEASED R9)

     THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 27.10.2014
PASSED IN R.A NO.119/2012 ON THE FILE OF THE II
ADDL.   DISTRICT   AND   SESSIONS    JUDGE,   D.K.,
MANGALORE, DISMISSING THE APPEAL AND CONFIRMING
THE ORDER DATED 01.10.2012 PASSED IN FDP
NO.11/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC, BANTWAL, D.K., ALLOWING THE PETITION FILED
U/O 20 RULE 18 OF CPC., PRAYING TO PASS FINAL
DECREE.

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

The learned counsel for the appellants has filed a

memo seeking permission to withdraw the appeal.

Memo is taken on record.

2. In view of the memo, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

*alb/-