Sri R Srinivasa Reddy vs Sri Anjanappa
2024 Latest Caselaw 10599 Kant

Karnataka High Court

Sri R Srinivasa Reddy vs Sri Anjanappa on 18 April, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                  -1-
                                                           NC: 2024:KHC:15263
                                                          RFA No. 846 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 18TH DAY OF APRIL, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                          REGULAR FIRST APPEAL NO. 846 OF 2017 (SP)
                   BETWEEN:

                         SRI. R. SRINIVASA REDDY,
                         S/O B. RAMAREDDY,
                         AGED ABOUT 49 YEARS,
                         PRESENTLY R/AT NO.403,
                         3RD FLOOR, 22ND CROSS,
                         HSR LAYOUT SECTOR-II,
                         BENGALURU - 560 102,

                         AND ALSO
                         AT NO.68, 9TH MAIN, 4TH BLOCK,
                         KORAMANGALA,
                         BENGALURU - 560 034.
                                                                 ...APPELLANT
                   (BY SRI. M. VEERABHADRAIAH, ADVOCATE)
Digitally signed
by V KRISHNA       AND:
Location: High
Court of
Karnataka          1.    SRI. ANJANAPPA,
                         S/O CHIKKANNA,
                         AGED ABOUT 74 YEARS.

                   2.    SRI. B.C. MUNIRAMAIAH,
                         S/O CHIKKANNA,
                         AGED ABOUT 71 YEARS.

                   3.    SRI. B.C. MUNIRAJU,
                         S/O CHIKKANNA,
                         AGED ABOUT 58 YEARS.
                             -2-
                                     NC: 2024:KHC:15263
                                    RFA No. 846 of 2017




4.   SRI. B.C. PRAKASH,
     S/O CHIKKANNA,
     AGED ABOUT 46 YEARS.

     RESPONDENT NO.1 TO 4 ALL ARE
     R/AT BYRATHI VILLAGE,
     BIDARAHALLI HOBLI,
     BENGALURU SOUTH TALUK,
     BENGALURU - 560 077.

5.   SMT. JAYAMMA,
     W/O HANUMAPPA,
     AGED ABOUT 72 YEARS,
     R/AT KACHARAKANAHALLI,
     2ND CROSS,
     ST. THOMAS TOWN POST,
     BANGALORE.

6.   SMT. ANJULA,
     W/O LATE GOPAL,
     AGED ABOUT MAJOR
     R/AT KADOSONAPANAHALLI,
     KANNUR POST,
     BENGALURU EAST,
     BENGALURU - 562 149.

7.   SRI MANJUNATH,
     S/O GURUSIDDAIAPPA,
     AGED ABOUT MAJOR,
     R/AT KADOSONAPANAHALLI,
     KANNUR POST,
     BENGALURU EAST,
     BENGALURU - 562 149
8.   SMT. MUNILAKSHMI
     W/O SHEKAR
     AGED ABOUT MAJOR,
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                                           NC: 2024:KHC:15263
                                          RFA No. 846 of 2017




       R/AT MAKANAHALLI,
       HOSAKOTE TALUK,
       BENGALURU EAST,
       BENGALURU - 562 114.

9.     SMT. JAYAMMA,
       W/O MUNIRAJU,
       AGED ABOUT MAJOR,
       R/AT HIREDANAHALLI,
       VIRGONAGAR POST,
       BENGALURU - 560 049.

10. SMT. GOWRAMMA,
    W/O MANJUNATH,
    AGED ABOUT MAJOR,
    R/AT TAMBALLI MALUR TALUK,
    KOLAR - 563 130.

11. SMT. SUSHEELAMMA,
    W/O NOT KNOWN
    AGED ABOUT 56 YEARS,
    R/AT KADOSONAPANAHALLI,
    KANNUR OST,
    BENGALURU EAST,
    BENGALURU - 562 149.
                                                ...RESPONDENTS
(BY SRI. D.S. MALIPATIL, ADVOCATE FOR R1 TO R4;
    R5, R6 AND R10 ARE SERVED BUT UNREPRESENTED)

       THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE
1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED
07.01.2017 PASSED IN OS.NO.1732/2004 ON THE FILE OF THE
PRL.    SENIOR   CIVIL   JUDGE,     BENGALURU    RURAL   DIST.,
BENGALURU,       DISMISSING       THE   SUIT    FOR   SPECIFIC
PERFORMANCE.
                               -4-
                                              NC: 2024:KHC:15263
                                             RFA No. 846 of 2017




      THIS APPEAL, COMING ON FOR ORDERS, 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.

2. The said memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

4. However, liberty is reserved for working out any

legal remedy available.

Any pending I.As do not survive for consideration

and the same stand disposed of.

Sd/-

JUDGE

SS