Sri. Shankaraiah vs Thopamma
2023 Latest Caselaw 8570 Kant

Karnataka High Court

Sri. Shankaraiah vs Thopamma on 27 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                       NC: 2023:KHC:42639
                                                     MFA No. 5692 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5692 OF 2023 (CPC)
                   BETWEEN:

                   1.    SRI. SHANKARAIAH
                         S/O LATE DODDAKARADAGAIAH
                         @ DODDAKANDAIAH
                         AGED ABOUT 75 YEARS
                         MUDIGERE VILLAGE
                         BANTENAHALLI POST
                         KASAB HOBLI, BELUR TALUK
                         HASSAN DISTRICT-573217.

                   2.    SRI SHEKARAIAH
                         S/O SHANKARAIAH
                         AGED ABOUT 46 YEARS
                         MUDIGERE VILLAGE
                         BANTENAHALLI POST
                         KASABA HOBLI, BELUR TALUK
                         HASSAN DISTRICT-573217.
Digitally signed
by
DHANALAKSHMI       3.    SRI PRABHU
MURTHY
Location: High
                         S/O SHANKARAIAH
Court of                 AGED ABOUT 36 YEARS
Karnataka                MUDIGERE VILLAGE
                         BANTENAHALLI POST
                         KASABA HOBLI, BELUR TALUK
                         HASSAN DISTRICT-573217.
                                                             ...APPELLANTS
                   (BY SRI. SHARATHKUMAR SHETTY.,ADVOCATE)
                               -2-
                                       NC: 2023:KHC:42639
                                     MFA No. 5692 of 2023




AND:

1.   THOPAMMA
     SINCE DEAD BY HER LR'S

     SMT NEELAMMA
     W/O SRI RAJAIAH
     AGED ABOUT 60 YEARS
     R/AT KORANAHALLI VILLAGE,
     BANAVARA HOBLI, ARASIKERE TALUK
     HASSAN DISTRICT-573117.

2.   SMT.LALITHAMMA
     W/O SRI BASAVARAJU
     AGED ABOUT 55 YEARS
     R/AT YALAHANKA VILLAGE
     HALEBEEDU HOBLI
     BELUR TALUK, HASSAN DISTRICT-573117.

3.   SMT TUNGAMMA
     W/O SRI SOMANNA
     AGED ABOUT 50 YEARS
     R/AT HEBBALA VILLAGE
     HELEBEEDU HOBLI, BELURU TALUK
     HASSAN DISTRICT-573117.

4.   SMT KAVITHA Y B
     W/O SRI PRASANNA
     AGED ABOUT 30 YEARS
     R/AT MUDIGERE VILLAGE
     BANTENAHALLI POST KASABA HOBLI
     BDLUR TALUK, HASSAN DISTRICT-573117
                                           ...RESPONDENTS
     THIS MFA IS FILED UNDER ORDER 43 RULE (1)R OF THE
CPC, PRAYING TO CALL FOR RECORDS IN O.S.NO.99/2021
PASSED BY THE HONBLE CIVIL JUDGE AND JMFC AT BELUR
AND ETC.,

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                -3-
                                              NC: 2023:KHC:42639
                                         MFA No. 5692 of 2023




                           JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 27.11.2023 stating that the appellants

seek permission of this Court to withdraw the appeal

with liberty to approach the appropriate legal forum.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn with liberty to the appellant to approach

the appropriate legal forum.

4. Registry is directed to return the certified copies

of the judgment and other documents to the appellant

after retaining the Photostat copies of the same.

5. All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM