Sri A L Anjeenappa vs Sri Rama Murthy
2023 Latest Caselaw 7354 Kant

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                                                         NC: 2023:KHC:38094
                                                      MFA No. 7132 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 27TH DAY OF OCTOBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7132 OF 2021 (ISA)


                   BETWEEN:

                   1.    SRI A L ANJEENAPPA
                         S/O LATE LAKSHMAIAH
                         AGED ABOUT 62 YEARS.

                   2.    SRI.A.L.SHIVAPPA
                         S/O LATE LAKSHMAIAH
                         AGED ABOUT 60 YEARS.

                   3.    SRI.L.CHANDRASHEKAR
                         S/O LATE LAKSHMAIAH
                         AGED ABOUT 48 YEARS.

                   4.    SRI.A.M.LIKITH
Digitally signed         S/O LATE MANJUNATH
by                       AGED ABOUT 18 YEARS
DHANALAKSHMI
MURTHY
Location: High     5.    SRI.A.M.LAKSHMISHA
Court of                 S/O LATE MANJUNATH
Karnataka
                         AGED ABOUT 15 YEARS
                         REP. BY HIS BROTHER AND
                         NATURAL GUARDIAN
                         SRI A.M.LIKITH
                         ALL ARE R/AT BASAVESHWARA BEEDI
                         ATTIBELE HOBLI, ANEKAL TALUK
                         BENGALURU URBAN DISTRICT-562 107.
                                                              ...APPELLANTS
                   (BY SRI. K.R. NAGARAJA, ADVOCATE FOR
                       SRI. VISWANATHA SETTY V.,ADVOCATE)
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                                        NC: 2023:KHC:38094
                                     MFA No. 7132 of 2021




AND:

SRI RAMA MURTHY
S/O NARAYANAPPA
AGED ABOUT 55 YEARS
R/AT ATTIBELE VILLAGE AND HOBLI
ANEKAL TALUK
BENGALURU URBAN DISTRCT-562 107.
                                            ...RESPONDENT


       THIS MFA IS FILED UNDER SECTION 299 INDIAN
SUCCESSION ACT, AGAINST THE ORDER DATED: 13.11.2020
PASSED IN P AND S.C.NO. 5025/2020 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, SIT AT ANEKAL, ALLOWING THE PETITION
FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT.

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

                        JUDGMENT

1. Learned counsel for the appellants has filed a memo

dated 27.10.2023 stating that he may be permitted to

withdraw the above appeal with liberty to approach the

appropriate legal forum.

2. Memo dated 27.10.2023 is placed on record.

NC: 2023:KHC:38094 MFA No. 7132 of 2021

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

withdrawn with liberty to approach the appropriate legal

forum.

4. The registry is directed to return the certified copy of

the appeal papers and original annexures to the appellants

after retaining the xerox copy of the same, forthwith.

5. In view of disposal of the main appeal, all pending

applications do not survive for consideration. Hence, the

same are also disposed of.

Sd/-

JUDGE

HA