Smt.Mallamma vs Sharanappa
2023 Latest Caselaw 8950 Kant

Karnataka High Court

Smt.Mallamma vs Sharanappa on 29 November, 2023

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                                                    NC: 2023:KHC-K:8925
                                                     RFA No. 200201 of 2018




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH

                         DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                           BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                         REGULAR FIRST APPEAL NO.200201 OF 2018 (SP)

                   BETWEEN:

                   1.    SMT. MALLAMMA S/O SHARANAPPA NAGALAPUR,
                         SINCE DECEASED THROUGH LR'S

                   1a. MALLAYYA S/O SHARNAPPA NAGALAPUR
                       AGED ABOUT 40 YEARS, OCC: AGRICULTURE

                   1b. DEVINDRA S/O SHARNAPPA NAGALAPUR
                       AGED ABOUT 33 YEARS, OCC: AGRICULTURE

                   1c.   CHANDRASHEKHAR S/O SHARNAPPA NAGALAPUR
                         AGED ABOUT 30 YEARS, OCC: AGRICULTURE

                   1d. MAHADEVI D/O SHARNAPPA NAGALAPUR
                       AGED ABOUT 29 YEARS, OCC: HOUSEHOLD
Digitally signed
by SHILPA R
TENIHALLI          1e. MAHALAXMI D/O SHARNAPPA NAGALAPUR
Location: HIGH
COURT OF               AGED ABOUT 27 YEARS, OCC: AGRICULTURE
KARNATAKA

                   1f.   MAHESH s/O SHARNAPPA NAGALAPUR
                         AGED ABOUT 25 YEARS, OCC: AGRICULTURE

                   1g. MALLIKARJUN S/O SHARNAPPA NAGALAPUR
                        AGED ABOUT 23 YEARS, OCC: AGRICULTURE,
                        ALL R/O HENDAGAR AGASI, BEHIND VEGETABLE
                        MARKET, NEAR HANUMAN TEMPLE, YADGIRI,
                        TQ. & DIST. YADGIRI.
                                                             ...APPELLANTS
                   (BY SRI VIKRAM VIJAYKUMAR FOR LR'S OF DECEASED
                    APPELLANT)
                                  -2-
                                       NC: 2023:KHC-K:8925
                                        RFA No. 200201 of 2018




AND:

SHARANAPPA
S/O MARREPPA CHINTANALLI,
AGED ABOUT: 37 YEARS, OCC: AGRI., & BUSINESS,
R/O YADGIRI, TQ: YADGIRI,
DIST: YADGIRI-585301.

                                                ...RESPONDENT
(RESPONDENT SERVED)
     THIS RFA IS FILED U/S 96 OF CPC, i) CALL FOR
RECORDS ii) SET ASIDE THE JUDGMENT AND DECREE IN
O.S.NO. 91/2015, DATED 21.07.2018 PASSED BY THE SENIOR
CIVIL JUDGE AT YADGIRI, DISMISS THE SUIT OF THE
PLAINTIFF AND ALLOW THE APPEAL. iii) AWARD COST OF
PROCEEDINGS TO APPELLANT AND, iv) PASS SUCH OTHER
AND FURTHER ORDER AS THIS HON'BLE Court MAY DEEM FIT
AND PROPER IN FACTS OF THE CASE.

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

                             JUDGMENT

Learned counsel for the appellants has filed the memo

dated 28.11.2003, seeking permission of the Court to withdraw

the appeal.

Memo is placed on record.

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

withdrawn.

Sd/-

JUDGE

PN