Citation : 2023 Latest Caselaw 7900 Kant
Judgement Date : 21 November, 2023
-1-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.1077 OF 2017 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO.1078 OF 2017 (DEC/INJ)
REGULAR SECOND APPEAL NO.1079 OF 2017 (DEC/INJ)
REGULAR SECOND APPEAL NO.1080 OF 2017 (DEC/INJ)
REGULAR SECOND APPEAL NO.1081 OF 2017 (DEC/INJ)
IN RSA NO.1077/2017
BETWEEN:
Digitally
signed by
CHAITHRA MR.ANTONY P T
A S/O T.D PAULOSE
Location: AGED ABOUT 52 YEARS
HIGH KANCHARIKANDA HOUSE
COURT OF
KARNATAKA THOTATHADI VILLAGE
BELTHANGADY TALUK, D.K
...APPELLANT
(BY SRI. A KESHAVA BHAT, ADVOCATE)
AND:
SRI.MITRASENA
AGED ABOUT 76 YEARS
S/O AMMI INDRA
-2-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
SOMANDADKA
MUNDAJE VILLAGE & POST
BELTHANGADY TALUK
D.K - 574214
...RESPONDENT
(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN
R.A.NO.83/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DTD 06.07.2007 PASSED IN OS.NO.80/1999 ON THE FILE OF
THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.
IN RSA NO.1078/2017
BETWEEN:
MR.K.SEBASTIAN
S/O T.D PAULOSE
AGED ABOUT 62 YEARS
SOMANTHADKA
MUNDAJE VILLAE AND POST
BELTHANGADY TALUK, D.K
PIN CODE - 574214
...APPELLANT
(BY SRI. A KESHAVA BHAT, ADVOCATE)
AND:
-3-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
SRI.MITRASENA
AGED ABOUT 76 YEARS
S/O AMMI INDRA
SOMANDADKA
MUNDAJE VILLAGE & POST
BELTHANGADY TALUK
D.K - 574214
...RESPONDENT
(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN
R.A.NO.85/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DTD 06.07.2007 PASSED IN OS.NO.81/1999 ON THE FILE OF
THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.
IN RSA NO.1079/2017
BETWEEN:
MR.U.RAVINDRANATH PRABHU
S/O RAMANATH PRABHU
AGED ABOUT 55 YEARS
SHIVAJI NAGAR
UJIRE VILLAGE AND POST
BELTHANGADY TALUK,
D.K - 574214
...APPELLANT
(BY SRI. A KESHAVA BHAT, ADVOCATE)
-4-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
AND:
SRI.MITRASENA
AGED ABOUT 76 YEARS
S/O AMMI INDRA
SOMANDADKA
MUNDAJE VILLAGE & POST
BELTHANGADY TALUK
D.K - 574214
...RESPONDENT
(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN
R.A.NO.84/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DTD 06.07.2007 PASSED IN OS.NO.82/1999 ON THE FILE OF
THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.
IN RSA NO.1080/2017
BETWEEN:
MR.V.A.ABBAS
S/O B.M.ABDUL KHADAR
AGED ABOUT 47 YEARS
KURUDIYA HOUSE
MUNDAJE VILLAGE AND POST
BELTHANGADY TALUK, D.K - 574 214
...APPELLANT
(BY SRI. A KESHAVA BHAT, ADVOCATE)
-5-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
AND:
SRI.MITRASENA
AGED ABOUT 76 YEARS
S/O AMMI INDRA
SOMANDADKA
MUNDAJE VILLAGE & POST
BELTHANGADY TALUK
D.K - 574214
...RESPONDENT
(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN
R.A.NO.80/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DTD 06.07.2007 PASSED IN OS.NO.85/1999 ON THE FILE OF
THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY, D.K.
IN RSA NO.1081/2017
BETWEEN:
MR.B.M.ABDUL RAZAK
S/O ABDUL KHADAR HAJJI B.M.
AGED ABOUT 49 YEARS
KURUDIYA HOUSE
MUNDAJE VILLAGE AND POST
BELTHANGADY TALUK, D.K - 574 214
...APPELLANT
(BY SRI. A KESHAVA BHAT, ADVOCATE)
-6-
NC: 2023:KHC:41794
RSA No. 1077 of 2017
C/W RSA No. 1078 of 2017
RSA No. 1079 of 2017
RSA No. 1080 of 2017
RSA No. 1081 of 2017
AND:
SRI.MITRASENA
AGED ABOUT 76 YEARS
S/O AMMI INDRA
SOMANDADKA
MUNDAJE VILLAGE & POST
BELTHANGADY TALUK
D.K - 574214
...RESPONDENT
(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN
R.A.NO.81/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DTD 06.07.2007 PASSED IN OS.NO.84/1999 ON THE FILE OF
THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY, D.K.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant has
filed memos in all these appeals requesting the Court to
dismiss the appeals as withdrawn.
2. The said memos are taken on record.
NC: 2023:KHC:41794
3. In view of the above said memos, these
second appeals are dismissed as withdrawn.
Sd/-
JUDGE
NBM
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