Smt Ningamma vs Venkatagiraiah
2023 Latest Caselaw 8378 Kant

Karnataka High Court

Smt Ningamma vs Venkatagiraiah on 24 November, 2023

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                                                       NC: 2023:KHC:42576
                                                  RSA No. 1402 of 2021




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                      BEFORE
             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
             REGULAR SECOND APPEAL NO. 1402 OF 2021 (PAR/POS)
             BETWEEN:

             1.    SMT NINGAMMA
                   W/O LATE GIRIYAPPA,
                   AGED ABOUT 83 YEARS

             2.    PARVATHAMMA
                   D/O LATE GIRIYAPPA,
                   AGED ABOUT 63 YEARS

             3.    NAGARAJU
                   S/O LATE GIRIYAPPA,
                   AGED ABOUT 53 YEARS


Digitally    4.    CHANDRAMMA
signed by          D/O LATE GIRIYAPPA,
CHAITHRA A         AGED ABOUT 48 YEARS
Location:
HIGH               ALL ARE R/AT C/O HANUMANTHAIAH,
COURT OF
KARNATAKA          NO 6, 3RD CROSS, KOSIA MAIN ROAD,
                   BYATARAYANAPURA, MYSORE ROAD,
                   BENGALURU

             5.    CHIKKATHIMMAMMA
                   D/O LATE GIRIYAPPA,
                   W/O LATE REVANNA,
                   AGED ABOUT 68 YEARS,
                   R/O GUJJANAHALLI VILLAGE, KUNIGAL TALUK,
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                                       NC: 2023:KHC:42576
                                   RSA No. 1402 of 2021




      TUMKUR DISTRICT
                                            ...APPELLANTS
(BY SRI. RAVINDRA B S, ADVOCATE)

AND:

1.    VENKATAGIRAIAH
      SINCE DEAD BY HIS LRS,


1A. CHIKKATHAYAMMA @ KEMPAMMA
    W/O LATE VENKATAGIRIYAIAH,
    AGED ABOUT 67 YEARS

1B. RAMESH
    S/O LATE VENKATAGIRIYAIAH,
    AGED ABOUT 46 YEARS,
    1(A) & 1(B) ARE
    R/AT MATHERSABARADODI VILLAGE,
    PADARAHALLI GRAMA PANCHAYITHI,
    KASABA HOBLI, RAMANAGARA TALUK

1C. THIMMAMMA
    W/O LATE VENKATAGIRIYAIAH,
    AGED ABOUT 63 YEARS

1D. RAMAKRISHNA
    S/O LATE VENKATAGIRIYAIAH,
    AGED ABOUT 32 YEARS

1E.   SHEKAR
      S/O LATE VENKATAGIRIYAIAH,
      AGED ABOUT 30 YEARS,
      1(C) to 1(E) ARE
      R/AT KEMPEGOWDANDODDI VILLAGE,
      KASABA HOBLI, RAMANAGARA TALUK
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                                     NC: 2023:KHC:42576
                                   RSA No. 1402 of 2021




2.   CHANNAMMA
     W/O LATE GIRIYAPPA,
     SINCE DEAD BY HER LRS

3.   DODAMMA,
     W/O LATE GIRIYAPPA,
     AGED ABOUT 63 YEARS

4.   SHARADAMMA
     W/O HONNAIAH, S/O LATE GIRIYAPPA,
     AGED ABOUT 48 YEARS

5.   SRINIVASA
     S/O LATE GIRIYAPPA,
     AGED ABOUT 53 YEARS,
     RESPONDENTS 3 TO 5 ARE
     R/O JALAMANGALA VILLAGE, KOOTAGAL HOBLI,
     RAMANAGAR TALUK, RAMANAGARA DISTRICT

6.   MOOGACHANNAMMA
     W/O LATE GIRIYAPPA,
     SINCE DEAD BY HER LRS.

7.   ALUMELAMMA
     D/O LATE GIRIYAPPA,
     AGED ABOUT 45 YEARS,
     R/O CHIKKENAHALLI VILLAGE,
     CHANNAPATNA TALUK, RAMANAGARA DISTRICT

8.   THIMMAIAH
     S/O LATE GIRIYAPPA,
     AGED ABOUT 53 YEARS,
     R/O JALAMANGALA VILLAGE, KOOTAGAL HOBLI,
     RAMANAGARA TALUK, RAMANAGARA DISTRICT
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                                      NC: 2023:KHC:42576
                                   RSA No. 1402 of 2021




9.    GIRISWAMY
      S/O LATE GIRIYAPPA,
      DEAD UNMARRIED

10.   SHIVANNA
      S/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 63 YEARS

11.   SHIVALINGAIAH
      S/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 62 YEARS

12.   YALAVAIAH
      S/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 49 YEARS

13.   THAGADAIAH
      S/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 43 YEARS

14.   SHARADAMMA
      S/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 59 YEARS
      R/O JALAMANGALA VILLAGE, KOOTAGAL HOBLI,
      RAMANAGARA TALUK, RAMANAGARA DISTRICT

15.   BHAGYAMMA
      D/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 40 YEARS

16.   LALITHAMMA
      D/O LATE CHANNAPPA AND LATE RAMAKKA,
      AGED ABOUT 44 YEARS
      RESPONDENTS 10 TO 13 AND 15, 16 ARE
      R/O CHANNEGOWDANADODDI VILLAGE,
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                                         NC: 2023:KHC:42576
                                      RSA No. 1402 of 2021




      ANKANAHALLI POST, KOOTAGAL HOBLI,
      RAMANAGARA TALUK, RAMANAGARA DISTRICT

17.   M MAHADEVA
      S/O LATE MAHADEVAPPA AND LATE JAYAMMA,
      AGED ABOUT 44 YEARS,
      NO 1, 1ST CROSS, VEERA
                                        ...RESPONDENTS
      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.01.2020 PASSED IN
RA.NO. 18/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, RAMANAGARA, DISMISSING THE
APPEAL AND     CONFIRMING THE JUDGMENT AND DECREE
DATED 18.03.2017 PASSED IN OS.NO. 500/2006 ON THE
FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE RAMANAGARA.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                         JUDGMENT

A memo is filed seeking to dismiss the appeal as not

pressed as the matter is settled out of Court. Memo is

taken on record.

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

not pressed.

Sd/-

JUDGE

ALB