Hanamanth vs Bhimsha And Ors
2024 Latest Caselaw 19577 Kant

Karnataka High Court

Hanamanth vs Bhimsha And Ors on 5 August, 2024

                                               -1-
                                                            NC: 2024:KHC-K:5661
                                                     RSA No. 200105 of 2019




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                            DATED THIS THE 5TH DAY OF AUGUST, 2024

                                            BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                    REGULAR SECOND APPEAL NO.200105 OF 2019 (PAR)

                   BETWEEN:

                   HANAMANTH S/O PARAPPA
                   @ PEERAPPA SALANKE,
                   AGE:52 YEARS,
                   OCC: BUSINESS & AGRICULTURE,
                   R/O H.NO.11-778, WADDARGALLI,
                   BRAMHAPUR, KALABURAGI-585103.

                                                                   ...APPELLANT
                   (BY SRI RAMACHANDRA K., ADVOCATE)

                   AND:
Digitally signed
by RENUKA          1.    BHIMSHA S/O PARAPPA
Location: HIGH           @ PEERAPPA SALANKE,
COURT OF                 AGE: 60 YEARS,
KARNATAKA                OCC: AGRICULTURE & BUSINESS,
                         R/O H.NO.11-778, WADDARGALLI,
                         BRAMHAPUR, KALABURAGI-585103.

                   2.    HEERABAI W/O BHIMSHA SALANKE,
                         AGE: 53 YEARS, OCC: HOUSEHOLD,
                         R/O H.NO.11-778, WADDARGALLI,
                         BRAMHAPUR, KALABURAGI-585103.

                   3.    RAMANNA S/O PARAPPA
                         @ PEERAPPA SALANKE,
                         AGE: 55 YEARS, OCC: AGRICULTURE,
                            -2-
                                          NC: 2024:KHC-K:5661
                                   RSA No. 200105 of 2019




     R/O WADDARGALLI, BRAMHAPUR,
     KALABURAGI-585103.

4.   SIDDHALINGAPPA S/O SHIVANAND MATH,
     AGE: 50 YEARS, OCC: BUSINESS,
     R/O C.I.B. COLONY, KALABURAGI-585102.

5.   ASLAM MIYAN S/O MOHD. ARIF KALYANI,
     AGE: 55 YEARS, OCC: BUSINESS & AGRICULTURE,
     R/O MADINA COLONY, KALABURAGI - 585103.

6.   ASHPAK S/O GULAB SAHEB KHARTI,
     AGE: 54 YEARS, OCC: AGRICULTURE,
     R/O JEELANABAD, KALABURAGI-585103.

7.   ABDUL RAHEEM S/O MD. KHASIM,
     AGE: 50 YEARS, OCC: AGRICULTURE,
     R/O BASAVESHWAR COLONY,
     KALABURAGI-585104.
                                                ...RESPONDENTS


      THIS   REGULAR   SECOND    APPEAL    IS    FILED   UNDER
SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE PASSED BY THE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KALABURAGI IN R.A.NO.43/2012 DATED
01.03.2019 IN RESPECT OF DISMISSAL OF ITEMS NO.2 AND 3
OF THE SUIT SCHEDULE PROPERTIES AND FURTHER PLEASED
TO DECREE THE SUIT OF THE PLAINTIFF.


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



CORAM:   HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                               -3-
                                           NC: 2024:KHC-K:5661
                                       RSA No. 200105 of 2019




                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Learned counsel for the appellant has filed a memo

seeking permission of the Court to withdraw the appeal.

The memo is placed on record and the appeal is

dismissed as withdrawn.

In view of disposal of the appeal, I.A.No.1/2019 filed

for temporary injunction does not survive for

consideration.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP

CT:PK