Karnataka High Court
Smt Savithramma @ Nanjamma vs Sri Ramegowda on 2 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30738
MSA No. 111 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 111 OF 2018
BETWEEN:
1. SMT. SAVITHRAMMA @ NANJAMMA,
W/O LATE NINGEGOWDA,
AGED 80 YEARS,
2. SMT. BHAGYA,
D/O LATE NINGEGOWDA,
AGED 57 YEARS,
3. SRI. CHANDRASHEKARA,
S/O LATE NINGEGOWDA,
AGED 57 YEARS,
APPELLANT NO.1 TO 3 ARE
Digitally R/A K. SHETTIHALLI VILLAGE AND HOBLI,
signed by
MALATESH SRIRANGAPATNA TALUK,
KC MANDYA DISTRICT - 571 807.
Location:
HIGH
COURT OF 4. SMT. PARVATHI,
KARNATAKA
W/O SHANKAREGOWDA AND
D/O LATE NINGEGOWDA
AGED 55 YEARS,
5. SRI. RAMACHANDRA,
S/O LATE NINGEGOWDA,
AGED 53 YEARS,
APPELLANT NO.4 AND R ARE
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MSA No. 111 of 2018
R/O NARGONAHALLI VILLAGE,
K.R. PET TALUK, SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 807.
...APPELLANTS
(BY MISS M.L. KRUTHIKA, ADVOCATE FOR
SRI. K.V. NARASIMAN, ADVOCATE)
AND:
1. SRI. RAMEGOWDA,
SINCE DEAD BY HIS LRS,
1(A). SMT. RATHNAMMA,
W/O RAMEGOWDA, MAJOR,
R/AT SHETTIHALLI VILLAGE,
SRIRANGAPATNA TALUK,
MANDYA TALUK - 571 438.
1(B). DR. KUMAR,
S/O RAMEGOWDA, MAJOR,
R/AT NO.204, NEAR VIJAYANAGAR
WATER TANK, 2ND STAGE,
VIJAYANAGARA, MYSURU CITY - 570 017.
1(C). SMT. VARALAKSHMI,
W/O CHANDRASHEKAR, MAJOR,
R/AT ACHAPPA KOPPALU VILLAGE,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 438.
1(D). SMT. KANTHAMANI,
W/O Y.N. CHANDRU, MAJOR,
R/AT NO. 1946, 5TH CROSS,
SUBASH NAGARA,
MANDYA DISTRICT - 571 401.
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MSA No. 111 of 2018
2. SRI. SHIVARAMU,
S/O LATE NARASEGOWDA @ KULLEGOWDA,
AGED 72 YEARS.
3. SRI. PRABHAKAR,
S/O LATE NARASEGOWDA @ KULLEGOWDA,
AGED 72 YEARS,
4. SMT. PADMA,
W/O LATE BETTEGOWDA,
AGED 75 YEARS,
5. SMT. RATIKALA,
D/O LATE BETTEGOWDA,
MAJOR IN AGE,
6. SMT. GOWRAMMA,
W/O LATE KRISHNEGOWDA AND
D/O NARASIMHAIAH,
AGED 71 YEARS.
7. SRI. CHALUVAIAH,
S/O LATE KRISHNEGOWDA,
AGED 53 YEARS,
8. SRI. RAVIKUMAR,
S/O LATE KRISHNEGOWDA,
AGED 51 YEARS,
9. SRI. SWAMY,
S/O LATE NARASIMHAIAH,
AGED 78 YEARS,
10. SRI. RAMESH,
S/O LATE NARASIMHAIAH,
AGED ABOUT 78 YEARS,
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MSA No. 111 of 2018
11. SRI. SWAMY,
AGED 85 YEARS,
S/O LATE CHALUVEGOWDA,
12. SMT. UMA JAYASHREE,
W/O K. SHIVARAMU, MAJOR.
13. SRI. YOGESH,
S/O K. SHIVARAMU, MAJOR.
RESPONDENTS ARE R/A
K. SHETTIHALLI VILLAGE AND HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 807.
...RESPONDENTS
(BY SRI. PRAMOD R, ADVOCATE FOR R1(A-D);
SRI. V. SRINIVAS, ADVOCATE FOR R3 AND R10;
R5, R6, R7, R8, R12 AND R13 ARE SERVED AND
UNREPRESENTED;
VIDE ORDER DATED 26.08.2022, NOTICE TO R4, R11 AND
STEPS IN RESPECT TO R2 AND R9 ARE DISPENSED
WITH)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
24.04.2018 PASSED IN RA.NO.5/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., SRIRANGAPATNA,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 30.11.2012 PASSED IN OS.NO.129/1992
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND
JMFC., SRIRANGAPATNA, REMITTING BACK THE MATTER TO
TRIAL COURT WITH A DIRECTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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MSA No. 111 of 2018
ORAL JUDGMENT
Learned counsel for the appellants is absent.
Smt.M.L.Kruthika, learned proxy counsel prays time.
Accordingly, appeal is dismissed for non
prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
CT: BHK
