Varalakshmamma vs Lalithamma
2023 Latest Caselaw 4032 Kant

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                                                         NC: 2023:KHC:23104
                                                           RFA No. 1756 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 5TH DAY OF JULY, 2023

                                               BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                          REGULAR FIRST APPEAL NO. 1756 OF 2021 (PAR)


                   Between:

                         Varalakshmamma
                         W/O Late Ramaiah
                         Aged about 56 Years
                         R/O Jothipura
                         Kundur (V)
                         Majere, Belagumba Post
                         Kasaba Hobli, Tumakuru
                         Taluk And District - 572 104
                                                                      ...Appellant
                   (By Sri. M.T. Rangaswamy, Advocate)
                   And:

                   1.    Lalithamma
                         W/O Rajanna
Digitally signed
by BANGALORE
MADHAVACHAR
                         Aged about 51 Years
VEENA                    R/O Avalipalya
Location: High
Court of
Karnataka
                         Beladhara Post
                         Kora Hobli
                         Tumakuru Taluk - 572 106

                   2.    Mahadevamma
                         W/O Paramesh
                         Aged about 45 Years
                         R/O Inapura, K G Halli Post
                         Gulur Hobli,
                         Tumakuru Taluk And District - 572 104
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                                        NC: 2023:KHC:23104
                                          RFA No. 1756 of 2021




3.   Muniyappa
     S/O Late Anjinappa
     Aged about 89 Years,

4.   Siddamma
     W/O Muniyappa
     Aged about 24 Years

5.   Murthaiah
     S/O Muniyappa
     Aged about 56 Years

     Respondent No.3 to 5
     are R/O Jothipura
     Kundur (V) Majere,
     Belagumba Post,
     Kasaba Hobli,
     Tumakuru Taluk And District - 572 104

6.   Anasuyamma
     W/O Nagaraju (Army)
     Age Major
     R/O Beruganahalli,
     Yadiur PO, Kunigal Taluk
     Tumkur - 572 142

7.   Thammaiahshetty
     S/O Muniyappa
     Aged Major
     R/O Jothipura
     Kundur (V), Majere,
     Belagumba Post
     Kasaba Hobli,
     Tumakuru Taluk And District - 572 104
                                                 ...Respondents
                                *****
       This Regular First Appeal is filed under Section 96 read
with Order 41 Rule 1 of the Code of Civil Procedure, 1908,
praying to set aside the impugned judgment and Decree dated
04-07-2018, passed in O.S.No.228/2014, by the III Addl.Senior
Civil Judge & J.M.F.C., Tumakuru, by allowing the above appeal
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                                         NC: 2023:KHC:23104
                                             RFA No. 1756 of 2021




of the appellants, by calling for records if necessary;
consequently, remand the matter to Trial Court, for fresh
adjudication of suit, by providing opportunity to appellant to
contest the case, in accordance with law and to grant such
other relief deem/s fit to grant to the appellants in the
circumstances of the case.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:


                            ORDER

Called again in the afternoon.

2. Learned counsel for the appellant who is physically

present files a memo, seeking withdrawal of the appeal as the

appellant is not interested to proceed in the appeal.

3. In view of the memo and the supporting submission, the

appeal stands dismissed as not pressed.

Sd/-

JUDGE

BMV*