Sri Venkataswamy vs Smt Hanumakka
2024 Latest Caselaw 9462 Kant

Karnataka High Court

Sri Venkataswamy vs Smt Hanumakka on 1 April, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                        NC: 2024:KHC:13154
                                                  RSA No. 1243 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 1ST DAY OF APRIL, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    REGULAR SECOND APPEAL NO. 1243 OF 2018 (PAR)


               BETWEEN:

               1.      SRI VENKATASWAMY
                       DEAD BY HIS LRS


               1(a). SMT. LAKSHMAMMA
                     W/O LATE VENKATASWAMY
                     AGED ABOUT 45 YEARS,

               1(b). KUM. SUGUNA
                     D/O LATE VENKATASWAMY
                     AGED ABOUT 29 YEARS,

Digitally              BOTH APPELLANTS
signed by
SUMA B N               1(a) AND 1(b) ARE
Location:
High Court             R/AT HUDUKULA VILLAGE AND POST
of Karnataka           KASABA HOBLI
                       BANAGARPET TALUK,
                       KOLAR DISTRICT-563 114.
                                                             ...APPELLANTS
               (BY SRI. MUNIYAPPA.,ADVOCATE)

               AND:

               1.    SMT HANUMAKKA
                     S/O KUNTA MUNIYAPPA,
                              -2-
                                     NC: 2024:KHC:13154
                                   RSA No. 1243 of 2018




     AGED ABOUT 79 YEARS,

2.   SRI VENKATESH
     S/O LATE KUNTA MUNIYAPPA,
     AGED ABOUT 49 YEARS,

     SRI MUNIYAPPA
     SINCE DEAD BY HIS LRS


3.   SMT. ESHWARI
     2ND WIFE OF LATE MUNIYAPPA,
     AGED ABOUT 49 YEARS,

4.   SRI SHANKAR
     AGED ABOUT 37 YEARS,
     S/O LATE MUNIYAPPA,

5.   SRI VENKATARAMANA
     AGED ABOUT 35 YEARS,
     S/O LATE MUNIYAPPA,

6.   SMT. MANJULA
     AGED ABOUT 30 YEARS,
     D/O LATE MUNIYAPPA,

7.   KUM. SHASHIKALA
     AGED ABOUT 25 YEARS,
     D/O LATE MUNIYAPPA,

8.   SRI NARAYANA
     AGED ABOUT 40EARS,
     S/O LATE KUNTA MUNIYAPPA,

9.   SRI RAJAPPA
     AGED ABOUT 35 YEARS,
     S/O LATE KUNTA MUNIYAPPA,
                            -3-
                                       NC: 2024:KHC:13154
                                   RSA No. 1243 of 2018




10. SMT. CHINNAKKA
    AGED ABOUT 70 YEARS,
    W/O LATE VENKATAPPA,

11. SRI LAKSHMINARAYANA
    AGED ABOUT 40 YEARS,
    S/O LATE VENKATAPPA,

12. SRI MANJUNATH
    AGED ABOUT 35 YEARS,
    S/O LATE VENKATAPPA,

    DEFENDANTS 1 TO 12 ARE
    R/AT HUDUKULA VILLAGE
    AND POST, KASABA HOBLI
    BANGARPET TALUK
    KOLAR DISTRICT - 563 114.
                                         ...RESPONDENTS


    THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DTD 28.03.2018 PASSED IN
RA.NO.126/2016 ON THE FILE OF THE ADDL.SENIOR CIVIL
JUDGE AND JMFC, K.G.F, DISMISSING THE APPEAL AND
CONFIRMING   THE   JUDGMENT      AND   DECREED     DATED
28.09.2016 PASSED IN O.S.NO.83/2008 ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JMFC, BANGARPET.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -4-
                                         NC: 2024:KHC:13154
                                       RSA No. 1243 of 2018




                        JUDGMENT

Sri. Muniyappa, learned counsel for the appellants

filed a memo dated 04.03.2024 seeking leave of the court

to withdraw the appeal as not pressed.

He identifies the signature of the appellant 1(a) and

1(b) on the memo.

Memo is taken on record.

In view of the above, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

RU