Sri Mallesh vs Mallaiah Dead By Lrs
2023 Latest Caselaw 6888 Kant

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                                                           NC: 2023:KHC:35376
                                                         RSA No. 1362 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                             BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 1362 OF 2013 (PAR)
                   BETWEEN:

                   1.    SRI MALLESH
                         S/O MALLAIAH,
                         AGED ABOUT 33 YEARS,
                         R/O. KRS TILES FACTORY,
                         HOOTAGALLI,
                         MYSORE-570 001.
                                                                 ...APPELLANT
                   (BY SRI. PRUTHVI WODEYAR, ADVOCATE)

                   AND:

                   1.     MALLAIAH DEAD BY LRS.

                          1(a)   YELLAMMA
                                 W/O LATE MALLAIAH
                                 AGED ABOUT 69 YEARS,
Digitally signed
by SHARANYA T             1(b)   PARVATHAMMA
Location: HIGH                   W/O KULLA SIDDAIAH
COURT OF
KARNATAKA                        AGED ABOUT 49 YEARS,

                          1(c)   GOWRAMMA
                                 W/O LATE RACHAIAH,
                                 AGED ABOUT 44 YEARS,

                                 ALL ARE RESIDING AT
                                 DOOR NO.7,
                                 BASAVANAPURA VILLAGE,
                                 BELAVADI POST,
                                 YELAWALA HOBLI,
                                 MYSORE-570 001.
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                                     NC: 2023:KHC:35376
                                   RSA No. 1362 of 2013




     1(d)   GIRISH
            S/O. LATE SIKAMMA D/O MALLAIAH,
            AGED ABOUT 15 YEARS,

     1(e)   GEETA
            D/O. LATE SIKAMMA D/O MALLAIAH,
            AGED ABOUT 14 YEARS,

            1(D) AND 1(E) ARE BEING MINORS
            REPRESENTED BY NATURAL GUARDIAN
            THEIR FATHER SIDDARAJU,
            R/O. YELVARA HUNDI, BYRAPURA POST,
            T. NARASIPURA TALUK,
            MYSORE DISTRICT-570 001.

2.   MAHADEVA S/O. MALLAIAH
     AGED ABOUT 30 YEARS,
     BASAVANAPURA VILLAGE
     BELAVADI POST,
     YELWALA HOBLI,
     MYSORE TALUK-570 001.

3.   NAGARAJU S/O. MALLAIAH,
     AGED ABOUT 27 YEARS,
     BASAVANAPURA VILLAGE
     BELAVADI POST,
     YELWALA HOBLI,
     MYSORE TALUK-570 001.

4.   C. CHANNEGOWDA
     S/O. CHANNIAH,
     AGED ABOUT 55 YEARS
     R/O. NO.46, KAVERY GRAMEENA
     BANK ROAD, (OLD BANK),
     HINKAL VILLAGE,
     MYSORE TALUK-570 001.

5.   S.C. DINESH
     S/O C. CHANNEGOWDA
     AGED ABOUT 32 YEARS
     R/O. NO.46, KAVERY GRAMEENA BANK ROAD,
     (OLD BANK), HINKAL VILLAGE
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                                          NC: 2023:KHC:35376
                                       RSA No. 1362 of 2013




     MYSORE TALUK-570 001.

6.   SHOIB-UR-RAHAMAN
     R/O. NO.C-1489, OPP. CHIKKA MAZID,
     MUSLIM STREET,
     KALKUNI VILLAGE,
     MALAVALLI TALUK
     MANDYA DISTRICT-571 401.

7.   P. SURENDAR
     S/O M. PRAKASHCHAND
     R/O. NO.C-148, OPP. CHIKKA MAZID,
     MUSLIM STREET, KALKUNI VILLAGE,
     MALAVALLI TALUK
     MANDYA DISTRICT-571 401.
                                             ...RESPONDENTS
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE DATED 27.3.2013 IN R.A.NO.205/2012 ON THE
FILE OF THE I ADDITIONAL DISTRICT JUDGE AT MYSORE,
CONFIRMING THE JUDGMENT AND DECREE DATED 31.3.2012
IN O.S.NO.561/2006 ON THE FILE OF THE PRINCIPAL JUDGE,
COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE AT
MYSORE.

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

                         JUDGMENT

Learned counsel for appellant, who is present through

Video Conferencing, seeks to withdraw the appeal.

Placing his oral submission on record, the Regular Second

Appeal is dismissed as withdrawn.

NC: 2023:KHC:35376 RSA No. 1362 of 2013

In view of dismissal of the appeal, pending applications, if

any, do not survive for consideration and the same stand

disposed of.

Sd/-

JUDGE

CPN