Jayappa vs S Rangappa
2023 Latest Caselaw 6401 Kant

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                                                      NC: 2023:KHC:32470
                                                   RSA No. 1435 of 2016




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 8TH DAY OF SEPTEMBER, 2023

                                         BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                 REGULAR SECOND APPEAL NO. 1435 OF 2016 (PAR)

                 BETWEEN:


                 1.    JAYAPPA
                       S/O ESHWARAPPA
                       AGED ABOUT 48 YEARS
                       HOTEL BUSINESS

                 2.    GANGADHARA
                       S/O ESHWARAPPA
                       AGED ABOUT 40 YEARS

                 3.    MYLARAPPA
                       S/O ESHWARAPPA
                       AGED ABOUT 37 YEARS

                 4.    MAHANTHESA
Digitally              S/O ESHWARAPPA
signed by R            AGED ABOUT 33 YEARS
DEEPA
Location: High   5.    THOLASAMMA
Court of
Karnataka              W/O SHIVAPPA
                       AGED ABOUT 53 YEARS

                 6.    MALLIKARJUNA
                       S/O SHIVAPPA
                       AGED ABOUT 27 YEARS

                 7.    MURIGESH
                       S/O SHIVAPPA
                       AGED ABOUT 25 YEARS
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                                     NC: 2023:KHC:32470
                                  RSA No. 1435 of 2016




8.   SHOBHA
     D/O SHIVAPPA
     AGED ABOUT 24 YEARS

9.   SRIDHARA
     S/O SHIVAPPA
     AGED ABOUT 23 YEARS

10. CHANDRAPPA
    S/O MAHADEVAPPA
    AGED ABOUT 70 YEARS

11. SURESH
    S/O CHANDRAPPA
    AGED ABOUT 37 YEARS

12. UMESH
    S/O CHANDRAPPA
    AGED ABOUT 33 YEARS

     ALL ARE AGRICULTURIST AND COOLIES
     R/O MALAPPANAHATTI VILLAGE
     SIDDAPURA POST
     KASABA HOBLI
     CHITRADURGA TALUK-577501.
                                          ...APPELLANTS
(BY SRI. K. SHRIHARI, ADVOCATE)

AND:

1.   S RANGAPPA
     S/O SIDDAPPA
     AGED ABOUT 37 YEARS

2.   THIPPAMMA
     W/O SIDDAPPA
     AGED ABOUT 57 YEARS

3.   B NAGAPPA
     S/O GUDIYAPPA
     AGED ABOUT 58 YEARS
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                                     NC: 2023:KHC:32470
                                   RSA No. 1435 of 2016




4.   ANUSUYAMMA
     W/O MYLARAPPA
     AGED ABOUT 48 YEARS
     R/A HULLURU VILLAGE
     CHITRADURGA TALUK-577501

5.   MALLIKARJUNA
     S/O MYLARAPPA
     AGED ABOUT 27 YEARS
     R/A HULLURU VILLAGE
     CHITRADURGA TALUK-577501

6.   JAYAPPA
     S/O BETTAPPA
     AGED ABOUT 59 YEARS

7.   GURUMURTHY
     S/O BETTAPPA
     AGED ABOUT 59 YEARS

8.   SHIVAMURTHY
     S/O BETTAPPA
     AGED ABOUT 42 YEARS

     RESPONDENTS No.1 TO 3 AND 4 TO 6 ARE
     R/O MALAPPANAHATTI VILLAGE
     SIDDAPURA POST
     KASABA HOBLI
     CHITRADURGA TALUK-577501

9.   JAYAMMA
     W/O CHALUVAPPA
     AGED ABOUT 63 YEARS

10. GUDDAPPA
    S/O CHALUVAPPA
    AGED ABOUT 37 YEARS

11. KARIMALLAPPA
    S/O CHALUVAPPA
    AGED ABOUT 34 YEARS
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                                       NC: 2023:KHC:32470
                                     RSA No. 1435 of 2016




      RESPONDENT Nos. 9 TO 11 ARE
      R/O NEAR TOLLGATE
      HOLALKERE ROAD
      CHITRADURGA TOWN-577501.
                                            ...RESPONDENTS

(BY SRI. DEVARAJ H K., ADVOCATE FOR C/R1-R8)
     R9 TO R10 ARE SERVED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 22.04.2016 PASSED IN
RA NO.61/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, C.J.M AND MACT-III, CHITRADURGA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 10.09.2015 PASSED IN OS NO.443/2011 ON THE FILE
OF THE III ADDL. CIVIL JUDGE AND JMFC., CHITRADURGA.

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

                       JUDGMENT

Learned counsel for the appellants has filed a memo

for withdrawal of the appeal.

2. The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

SD/-

JUDGE

SSB