Sri. H. D. Devegowda vs Sri. Shankara
2023 Latest Caselaw 6688 Kant

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                                                         NC: 2023:KHC:34583
                                                       RSA No. 1565 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 21ST DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO.1565 OF 2023 (InJ/DEC/RES)

                   BETWEEN:

                   1.    SRI H.D. DEVEGOWDA
                         S/O POOJARI DEVEGOWDA,
                         AGED ABOUT 44 YEARS,

                   2.    SRI H.D. NANJEGOWDA,
                         S/O POOJARI DEVEGOWDA,
                         AGED ABOUT 49 YEARS,

                         BOTH ARE R/AT HULIHALLY VILLAGE,
                         KATTAYA HOBLI, HASSAN TALUK-573128.
                                                              ...APPELLANTS
                           (BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE)
                   AND:
Digitally signed
by SHARANYA T      1.    SRI SHANKARA
Location: HIGH           S/O JAVAREGOWDA,
COURT OF
KARNATAKA                AGED ABOUT 38 YEARS,

                   2.    SRI NATARAJ,
                         S/O KALEGOWDA,
                         AGED ABOUT 35 YEARS,

                   3.    SRI DEVEGOWDA,
                         S/O SANNA THAMMEGOWDA,
                         AGED ABOUT 50 YEARS,

                   4.    SRI ANNAIAH,
                         S/O SAREGAR DEVEGOWDA,
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                                    NC: 2023:KHC:34583
                                  RSA No. 1565 of 2023




     AGED ABOUT 33 YEARS,

5.   SRI H.K. SHIVANNA,
     S/O KARIGOWDA,
     AGED ABOUT 45 YEARS,

6.   SRI VEERABHADRASWAMY
     SAREGAR DEVEGOWDA,
     AGED ABOUT 45 YEARS,

7.   SRI JAVAREGOWDA
     S/O DODDAKEMPEGOWDA,
     AGED ABOUT 60 YEARS,

8.   SRI RANGEGOWDA
     S/O KARIGOWDA,
     AGED ABOUT 33 YEARS,

9.   SRI CHIKKAMANE EREGOWDA
     S/O APPEGOWDA,
     AGED ABOUT 40 YEARS

10. SRI KUMARA,
    S/O DEVEGOWDA,
    AGED ABOUT 38 YEARS,

11. SRI NANJEGOWDA
    S/O K. JAVAREGOWDA,
    AGED 35 YEARS,

12. SRI SWAMY,
    S/O NINGEGOWDA,
    AGED 35 YEARS,

13. SRI NANJUNDASHETTY
    S/O NANJUNDASHETTY,
    AGED 40 YEARS

     ALL RESPONDENTS ARE
     R/AT HULIHALLY VILLAGE,
     KATTAYA HOBLI,
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                                       NC: 2023:KHC:34583
                                     RSA No. 1565 of 2023




     HASSAN TALUK - 573128.
                                            ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
SEEKING TO SET ASIDE THE ORDER DATED 13.01.2023
PASSED IN Misc. No.69/2016 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, AT HASSAN AND RESTORE
THE REGULAR APPEAL NO.35/2015 ON THE FILE OF SENIOR
CIVIL JUDGE AT HASSAN.

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

The Learned counsel for appellants has filed a

memo seeking permission of this Court to convert the said

appeal as Miscellaneous First Appeal. In view of the said

memo, the counsel for the appellants is permitted to

convert the said appeal as M.F.A and for the statistical

purpose the R.S.A is disposed of.

Sd/-

JUDGE

RHS