Jayamma vs Sri. Siddalingaiah
2023 Latest Caselaw 8123 Kant

Karnataka High Court

Jayamma vs Sri. Siddalingaiah on 22 November, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                              -1-
                                                          NC: 2023:KHC:42051
                                                        RFA No. 2173 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 22ND DAY OF NOVEMBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                        REGULAR FIRST APPEAL NO.2173 OF 2023 (PAR)

            BETWEEN:

            1.     JAYAMMA,
                   W/O. SIDDALINGAIAH,
                   AGED ABOUT 75 YEARS.

            2.     SMT. SHARADHAMMA,
                   D/O. SIDDALINGAIAH,
                   AGED ABOUT 50 YEARS.

                   BOTH ARE RESIDING AT
                   YALACHAGERE VILLAGE,
                   NELAMANGALA KASABA,
                   NELAMANGALA TALUK,
                   BANGALORE RURAL DISTRCT - 561 106.

                                                                ...APPELLANTS
            (BY SRI. LAKSHMIKANTH K., ADVOCATE)

Digitally   AND:
signed by
VANDANA S   1.     SRI. SIDDALINGAIAH,
Location:          S/O. LATE NARASHIMMAIAH,
HIGH
                   AGED ABOUT 80 YEARS.
COURT OF
KARNATAKA   2.     SMT. GANGAMMA,
                   W/O. SIDDALINGAIAH,
                   AGED ABOUT 55 YEARS.
            3.     SMT. LAKSHMAMMA,
                   D/O. SIDDALINGAIAH,
                   AGED ABOUT 55 YEARS.

            4.     SRI. NARAYANA,
                   S/O. SIDDALINGAIAH,
                   AGED ABOUT 38 YEARS.
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                                            NC: 2023:KHC:42051
                                          RFA No. 2173 of 2023




5.   SMT. SIDDANAGAMMA,
     D/O. SIDDALINGAIAH,
     AGED ABOUT 55 YEARS.

     RESPONDENTS NO.1 TO 5 ARE
     RESIDING AT YALACHAGERE VILLAGE,
     NELAMANGALA KASABA,
     NELAMANGALA TALUK,
     BANGALORE RURAL DISTRCT - 561 106.

6.   SRI. KIRAN,
     S/O. LATE SHIVANANJAPPA,
     AGED ABOUT 44 YEARS.

7.   SRI. SUNIL,
     S/O. LATE SHIVANANJAPPA,
     AGED ABOUT 44 YEARS.

     BOTH RESIDING AT
     NO. 20, 1ST MAIN ROAD,
     1ST N BLOCK,
     RAJAJINAGAR,
     BANGALORE - 560 010.

                                                ...RESPONDENTS



      THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE

ORDER DATED 12.06.2023 PASSED ON I.A.NO.V IN OS.NO.275/2015 ON

THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, ALLOWING THE

I.A.NO.V FILED UNDER ORDER 7 RULE 11(5) R/W SEC.151 OF CPC FOR

REJECTION OF PLAINT.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT

DELIVERED THE FOLLOWING:
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                                                NC: 2023:KHC:42051
                                             RFA No. 2173 of 2023




                             JUDGMENT

Learned counsel for the appellants has filed a memo seeking

withdrawal of the appeal, reserving liberty in favour of the

appellants to file an appropriate appeal before the appropriate

Jurisdictional appellate Court. Such an appeal is preferred within a

period of six weeks from today. Appellants will be entitled to benefit

of Section 14 of the Limitation Act.

2. Memo is place on record.

3. In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

ABK

CT:SNN