Basavaraju vs Doddamallegowda
2024 Latest Caselaw 19563 Kant

Karnataka High Court

Basavaraju vs Doddamallegowda on 5 August, 2024

                                                   -1-
                                                              NC: 2024:KHC:30992
                                                            RSA No. 1525 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF AUGUST, 2024

                                              BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                           REGULAR SECOND APPEAL NO. 1525 OF 2017 (DEC)
                      BETWEEN:

                      BASAVARAJU,
                      S/O KUNTEGOWDA,
                      AGED ABOUT 48 YEARS,
                      R/O CHINCHALLI VILLAGE,
                      KOLLEGALA TALUK - 571 440,
                      CHAMARAJNAGAR DISTRICT.
                                                                    ...APPELLANT
                      (BY SMT. P.C. SUNITHA., ADVOCATE)

                      AND:

                      1.     DODDAMALLEGOWDA,
                             S/O MALLEGOWDA
                             DEAD BY HIS LR'S
Digitally signed by
MAHALAKSHMI B M
Location: HIGH        1(a) MAHADEVAMMA,
COURT OF
KARNATAKA                  W/O HUCHEGOWDA,
                           D/O LATE DODDAMALLEGOWDA,
                           AGED ABOUT 55 YEARS,
                           R/AT T. MEGALAHALLI VILLAGE,
                           T. NARASIPURA TALUK - 571 124,
                           MYSORE DISTRICT.

                      1(b) SHIVARAJU,
                           S/O LATE DODDAMALLEGOWDA,
                           AGED ABOUT 45 YEARS,
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                                         NC: 2024:KHC:30992
                                    RSA No. 1525 of 2017




1(c) SHIVAMURTHY,
     S/O LATE DODDAMALLEGOWDA,
     AGED ABOUT 43 YEARS,

1(d) SMT. PUTTALAKSHMI,
     W/O MAHADEVA,
     D/O LATE DODDAMALLEGOWDA,
     AGED ABOUT 45 YEARS,
     RESPONDENTS NO.1(b) TO (d) ARE
     RESIDING AT DODDALATHURU VILLAGE,
     KOLLEGALA TALUK - 571 440,
     CHAMARAJANAGAR DISTRICT.

1(e) HUCHAPPA,
     S/O LATE DODDAMALLEGOWDA,
     AGED ABOUT 39 YEARS,

1(f)   MALLESHA,
       S/O LATE DODDAMALLEGOWDA,
       AGED ABOUT 37 YEARS,

1(g) SHIVANNA,
     S/O LATE DODDAMALLEGOWDA,
     AGED ABOUT 44 YEARS,
     RESPONDENTS NO.1(e) TO (g) ARE
     RESIDING AT CHINHALLI VILLAGE,
     KOLLEGALA TALUK - 571 440,
     CHAMARAJANAGAR DISTRICT.

2.     SMT. KEMPAMMA,
       W/O LATE DODDAMALLEGOWDA,
       AGED ABOUT 57 YEARS,
       RESIDENT OF CHINCHALLI VILLAGE,
       KOLLEGALA TALUK - 571 440,
       CHAMARAJANAGAR DISTRICT.
                                            ...RESPONDENTS
                                -3-
                                            NC: 2024:KHC:30992
                                          RSA No. 1525 of 2017




      THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 17.03.2017 PASSED IN
R.A.NO.18/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., KOLLEGALA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 21.06.2014
PASSED IN OS.NO.248/2010 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC., KOLLEGALA.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MRS JUSTICE K.S. HEMALEKHA

                      ORAL JUDGMENT

Learned counsel for the appellant files a memo for

withdrawal. The memo reads as under:

" The appellant above named prays before this Hon'ble Court that the appellant may be permitted to withdraw the above appeal as not pressed, which is necessary in the interest of justice and equity."

In the light of the memo filed, the appeal is

dismissed as withdrawn.

Sd/-

(K.S. HEMALEKHA) JUDGE