Venkatreddy S/O Ambranna vs Smt Bannamma W/O Shivanna And Ors
2023 Latest Caselaw 966 Kant

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

      DATED THIS THE 16TH DAY OF JANUARY, 2023

                       BEFORE

        THE HON'BLE MR. JUSTICE C.M. POONACHA

          R.S.A. No.200245/2021 (DEC/INJ)

BETWEEN

VENKATREDDY
S/O AMBRANNA
AGED ABOUT 37 YEARS,
OCC. AGRICULTURE,
R/O. T. WADAGERA, TQ. SHAHAPUR,
DIST. YADGIRI-585201
                                            ...APPELLANT

(BY SRI R.S. SIDHAPURKAR AND CHAITANYAKUMAR C.M ,
ADVOCATES)
AND

1.    SMT BANNAMMA
      W/O SHIVANNA
      AGED ABOUT 68 YEARS,
      OCC. AGRICULTURE,

2.    RAMREDDY
      S/O SHIVANNA
      AGED ABOUT 50 YEARS,
      OCC. AGRICULTURE,

3.    SALARAMMA @ DEVINDRAMMA
      AGED ABOUT 72 YEARS,
      OCC. AGRICULTURE,

4.    BASAVARAJ
      S/O YANKANNAGOUDA
                             2




     AGED ABOUT 55 YEARS,
     OCC. AGRICULTURE,

5.   GOVINDREDDY
     S/O VENKATREDDY
     AGED ABOUT 42 YEARS,
     OCC. AGRICULTURE,

6.   AMBRANNAGOUDA
     S/O AYYANNAGOUDA
     AGED ABOUT 77 YEARS,
     OCC. AGRICULTURE,

7.   NINGANNAGOUDA
     S/O BASANNAGOUDA
     AGED ABOUT 61 YEARS,
     OCC. AGRICULTURE,

     ALL ARE R/O. T. WADAGERA VILLAGE,
     TQ. SHAHAPUR, DIST. YADGIRI-585201.
                                       ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC., TO
SET ASIDE THE JUDGMENT AND DECREE DATED 10.10.2013
PASSED BY THE CIVIL JUDGE AND JMFC., AT SHAHAPUR IN
O.S. NO.78/2008 AND ALSO TO SET ASIDE THE JUDGMENT
AND DECREE DATED 16.07.2016 PASSED BY THE LEARNED
SENIOR CIVIL JUDGE AT SHORAPUR SITTING AT SHAHAPUR IN
R.A. NO.22/2014, CONSEQUENTLY BE PLEASED TO ALLOW THE
SUIT FILED BY THE PLAINTIFF AND ETC.,


     THIS APPEAL COMING ON FOR          NON COMPLIANCE OF
OFFICE OBJECTION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                                 3




                          JUDGMENT

The learned counsel for the appellant has filed a

memo dated 16.01.2023 for withdrawal of the appeal,

which reads as follows:

In the above appeal connected RSA No.2851/2008 has been dismissed. Therefore, the above appeal does not survive for consideration. Therefore, the above RSA may kindly be dismissed as infructuous in the interest of justice and equity.

2. In view of the aforementioned, the above

appeal is dismissed as having become infructuous.

SD/-

JUDGE

BS