Ravi Nadigar vs Parvathamma
2023 Latest Caselaw 1687 Kant

                                              -1-
                                                       RSA No. 1266 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF MARCH, 2023

                                           BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.1266 OF 2018

                   BETWEEN:

                   RAVI NADIGAR,
                   S/O SRINIVAS NADIGAR,
                   AGED ABOUT 52 YEARS,
                   R/O ANAVATHI VILLAGE,
                   SORABA TALUK,
                   SHIMOGA DISTRICT.
                                                              ...APPELLANT

                           (BY SRI KALEEMULLAH SHARIFF, ADVOCATE)

                   AND:

                   1.   PARVATHAMMA,
                        W/O CHANNABASAPPA NAIKA,
                        AGED ABOUT 72 YEARS.
Digitally signed
by SHARANYA T
Location: HIGH     2.   CHANNAPPA NAIKA,
COURT OF                S/O CHANNABASAPPA NAIKA,
KARNATAKA
                        AGED ABOUT 62 YEARS.

                   3.   BASAPPA NAIKA,
                        S/O CHANNABASAPPA NAIKA,
                        AGED ABOUT 57 YEARS.

                   4.   KALLAPPA NAIKA,
                        S/O CHANNABASAPPA NAIKA,
                        AGED ABOUT 57 YEARS.

                   5.   RAJAPPA NAIKA,
                        S/O CHANNABASAPPA NAIKA,
                        AGED ABOUT 57 YEARS.
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                                    RSA No. 1266 of 2018




6.   SHIVAPPA NAIKA,
     S/O CHANNABASAPPA NAIKA,
     AGED ABOUT 52 YEARS.

     R1 TO R6 ARE R/O TALLUR VILLAGE,
     ANAVATTI HOBLI, SORABA TALUK.

7.   GUTHYAPPA,
     S/O HANUMANNA MADIVALLAR,
     AGED ABOUT 69 YEARS.

8.   MALLAMMA,
     S/O HANUMANNA MADIVALLAR,
     AGED ABOUT 72 YEARS.

9.   SHIVAPPA,
     S/O HANUMANNA MADIVALLAR,
     AGED ABOUT 65 YEARS.

     R7 TO R9 ARE R/AT TALLUR VILLAGE,
     ANAVATTI HOBLI, SORABA TALUK.

10. PREMABAI NADIGER,
    W/O SRINIVAS NADIGER,
    AGED ABOUT 72 YEARS.

11. NADIGER S.N.,
    S/O SRINIVAS NADIGER,
    AGED ABOUT 52 YEARS.

     R10 AND R11 ARE R/AT NEHRUNAGARA,
     ANAVATTI HOBLI, SORABA TALUK.
                                         ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 03.10.2017
PASSED IN RA.NO.2/2015 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, SORABA, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
01.12.2014 PASSED IN OS NO.191/2009 ON THE FILE OF
THE CIVIL JUDGE AND JMFC, SORABA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             -3-
                                      RSA No. 1266 of 2018




                        JUDGMENT

The learned counsel for the appellant has filed a

memo seeking permission of this Court to withdraw the

appeal with liberty to keep open the contentions taken in

the above appeal.

2. In view of the memo, the appeal is dismissed

as withdrawn with liberty as sought for.

Sd/-

JUDGE

MD