Sri. Venkatappa @ Raju vs M Srinivas
2023 Latest Caselaw 6615 Kant

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                                                        NC: 2023:KHC:33770
                                                      RSA No. 1601 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.1601 OF 2023

                   BETWEEN:

                   1.        SRI. VENKATAPPA @ RAJU
                             NO 3, ALARAJA MUNISWAMAPPA LANE,
                             S P ROAD, 1ST CROSS, THIGALARPETE,
                             BANGALORE 560002,
                             SINCE DEAD BY LRS

                   1(A)      SMT. AMMAYYAMMA,
                             W/O LATE VENKATAPPA @ RAJU,
                             SINCE DEAD (LRS ARE ALREADY ON RECORD)

                   1(B)      SMT. RUKMINI R
                             D/O LATE VENKATAPPA @ RAJU,
Digitally signed
by SHARANYA T                AGED ABOUT 53 YEARS,
Location: HIGH               SINCE DEAD(LRS ALREADY ON RECORD)
COURT OF
KARNATAKA
                   1(C)      SRI SHEKAR R,
                             S/O LATE VENKATAPPA @ RAJU,
                             AGED ABOUT 42 YEARS,

                   1(D)      SMT. SHANTHAMMA R
                             D/O LATE VENKATAPPA @ RAJU,
                             AGED ABOUT 45 YEARS,

                   1(E)      KALAVATHI R
                             D/O LATE VENKATAPPA @ RAJU,
                             AGED ABOUT 43 YEARS,
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                                    NC: 2023:KHC:33770
                                 RSA No. 1601 of 2023




1(F)     SRI SHAMANA
         S/O LATE VENKATAPPA @ RAJU,
         AGED ABOUT 48 YEARS,

1(G)     SMT. NAGARATHNAMMA
         D/O LATE VENKATAPPA @ RAJU,
         SINCE DECEASED BY LRS,

1(G)(A) SRI M R RAJU,
        S/O LATE M V RAJU,
        AGED ABOUT 68 YEARS,

1(G)(B) SRI YOGESH
        S/O LATE M R RAJU,
        AGED ABOUT 36 YEARS,

1(G)(C) SRI R RAMESH
        S/O LATE M R RAJU,
        AGED ABOUT 36 YEARS,

1(G)(D) SMT. NALINA GIRISH
        D/O LATE M R RAJU,
        AGED ABOUT 36 YEARS,

         ALL ARE R?AT NO 3,
         ALARAJA MUNISWAMAPPA LANE,
         S P ROAD, 1ST CROSS, THIGALARPETE,
         BANGALORE - 560002


                                        ...APPELLANTS
(BY SRI SRINIVASAN RAO C N, ADVOCATE)
AND:

1.     M SRINIVAS
       S/O MUNISHAMAPPA,
       No.5, ALARAJA MUNISWAMAPPA LANE,
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                                RSA No. 1601 of 2023




     S P ROAD, 1ST CROSS, THIGALARPETE,
     BANGALORE
     SINCE DEAD BY LRS,

1(A) SMT. YESHODAMMA,
     AGED ABOUT 52 YEARS,
     W/O M SRINIVAS
     NO 5, ALARAJA MUNISWAMAPPA LANE,
     THIGALARPETE, BANGALORE 2

1(B) SMT. PUSHPALATHA
     AGED 29 YEARS,
     D/O LATE SRINIVAS,
     W/O T SHIVAKUMAR,
     No.5 YERRAPPA GOWDA LANE,
     THIGALARPETE, BANGALORE - 2

1(C) SMT. NIRMALA
     AGED 28 YEARS,
     D/O LATE SRINIVAS,
     W/O K SRINIVAS,
     NO (3), 18, SJP ROAD,
     SP ROAD CROSS,
     BEHIND KHADI GRAMODYA,
     BANGALORE 2

1(D) SMT. VIJAYAKUMARI
     AGED 25 YEARS,
     D/O LATE SRINIVAS,
     W/O K PRAKASH,
     NO (3), 18, SJP ROAD,
     SP ROAD CROSS,
     BEHIND KHADI GRAMODYA,
     BANGALORE 2

2.   M CHINNAPPA
     AGED 60 YEARS,
     S/O MINISHAMAPPA
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                                RSA No. 1601 of 2023




     GRASS MERCHANT
     KEMMANGUNDI ROAD,
     O T C ROAD CROSS,
     BEHIND ANAJANEYASWAMY TEMPLE,
     BANGALORE 2
     SINCE DECEASED BY LRS

2(A) SMT. GOWRAMMA,
     AGE NOT KNOWN TO THE APPELLANT,

2(B) M C RAMAMURTHY
     AGE NOT KNOWN TO THE APPELLANT,

2(C) M C SOMASHEKAR
     AGE NOT KNOWN TO THE APPELLANT,

     ALL ARE R/AT NO 118 PAILWAN T,
     ANNAYAPPA ROAD TIGALARPET,
     BANGALORE 2

3.   M KRISHNAPPA
     AGED ABOUT 56 YEARS,
     S/O MINISHAMAPPA,
     NO 5 PAVAGADA VENAKARARAMANA
     NAIK LANE, NAGARATHPET CROSS,
     BANGALORE 2

4.   M RAMACHANDRA
     AGED ABOUT 42 YEARS,
     S/O MINISHAMAPPA,
     NO 5 PAVAGADA VENAKARARAMANA
     NAIK LANE, NAGARATHPET CROSS,
     BANGALORE 2
     SINCE DECEASED BY LRS,

4(A) SRI NAGARAJU,
     S/O LATE M RAMACHANDRA,
     AGED NOT KNOWN TO THE APPELLANT,
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                                        NC: 2023:KHC:33770
                                      RSA No. 1601 of 2023




      R/AT NO 390, 5TH CROSS,
      7TH MAIN ROAD, VASANTH NAGAR,
      BANGALORE 560027


                                          ...RESPONDENTS

     THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 07.08.2023
PASSED IN RA NO.14/2023 ON THE FILE OF ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA AND
ETC.

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


                         ORDER

The learned counsel for the appellants has filed a

memo seeking permission of this Court to withdraw the

appeal with liberty to initiate proceedings before the

appropriate Court. In view of the said memo, the appeal

is dismissed as withdrawn with liberty as sought.

Sd/-

JUDGE

SN