Sri. Channakeshava Swamy ... vs Smt. Lakshmamma
2023 Latest Caselaw 6447 Kant

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                                                           NC: 2023:KHC:32578
                                                         RSA No. 1149 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 11TH DAY OF SEPTEMBER, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1149 OF 2023 (INJ)

                   BETWEEN:

                   1.    SRI CHANNAKESHAVA SWAMY
                         DEVALAYA SAMITHI-572 118
                         GULAGANJIHALLI, ARIYUR POST,
                         TUMAKURU TALUK AND DISTRICT..

                         REPRESENTED BY ITS SECRETARY
                         MAUNA CHANNAIAH
                         S/O. CHANNAIAH
                         AGED ABOUT 74 YEARS,
                         R/O. GULAGANJIHALLI,
                         ARIYUR POST -572 118
                         TUMAKURU TALUK AND DISTRICT.

                         PRESENTLY R/AT
                         MANJUSHRI NILAYA
Digitally signed
by SHARANYA T            3RD CROSS ROAD,
Location: HIGH           SIDDAGANGA EXTN.
COURT OF                 TUMAKURU-572 102.
KARNATAKA
                                                                 ...APPELLANT

                              (BY SRI V.B. SIDDARAMAIAH, ADVOCATE)
                   AND:

                   1.    SMT. LAKSHMAMMA
                         W/O. DASAPPA
                         AGED ABOUT 71 YEARS,

                   2.    SRI D. BHASKARA
                         S/O. DASAPPA
                         AGED ABOUT 52 YEARS,
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                                                   NC: 2023:KHC:32578
                                                RSA No. 1149 of 2023




3.     SRI KESHAVAMURTHY
       S/O. DASAPPA
       AGED ABOUT 49 YEARS,

4.     SRI SREEDHARA
       S/O. DASAPPA
       AGED ABOUT 47 YEARS,

5.     SRI PURUSHOTHAMA
       S/O. DASAPPA
       AGED ABOUT 45 YEARS,

       RESPONDENTS NO.1 TO 5 ARE
       R/O. GULAGANJIHALLI
       ARIYUR POST - 572 118
       TUMAKURU TALUK AND DISTRICT.
                                                      ...RESPONDENTS

     (BY SRI BALAGANGADHAR G.S., ADVOCATE FOR R1 TO R5)

        THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN
R.A.NO.31/2021 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL    JUDGE    AND     CJM,   TUMAKURU,         DISMISSING     AND
CONFIRMING THE JUDGMENT AND DECREE DATED 22.02.2021
PASSED     IN    O.S.NO.252/2012        ON   THE    FILE   OF   THE   V
ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU.


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

Learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal with

liberty to file a fresh suit for declaration.

NC: 2023:KHC:32578 RSA No. 1149 of 2023

In terms of the memo, the appeal is dismissed as

withdrawn with liberty as sought.

Sd/-

JUDGE

ST