N. Ramesh vs Sri. V M Shivananda
2024 Latest Caselaw 19722 Kant

Karnataka High Court

N. Ramesh vs Sri. V M Shivananda on 6 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                NC: 2024:KHC:31215
                                                MSA No. 26 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF AUGUST, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
            MISCELLANEOUS SECOND APPEAL NO. 26 OF 2023 (RO)
            BETWEEN:
               N. RAMESH
               DEAD BY LRS

            1.    SMT. GAYATHRAMMA
                  W/O N. RAMESH
                  AGED ABOUT 55 YEARS

            2.    SMT. VASUNDARA
                  D/O N. RAMESH
                  AGED ABOUT 25 YEARS

            3.  SRI. PRASHANTH
                S/O N. RAMESH,
                AGED ABOUT 20 YEARS,
                ALL ARE R/AT VARADANAYAKANAHALLI
                KASABA HOBLI, SIDLAGHATTA TALUK-562 105.
                CHIKKABALLAPURA DISTRICT.
                                                      ...APPELLANTS
Digitally   (BY SRI. G. R. LAKSHMIPATHY REDDY, ADVOCATE)
signed by   AND:
MALATESH
KC
            1.    SRI. V M SHIVANANDA
Location:
HIGH              S/O V MARAPPA
COURT OF          AGED ABOUT 42 YEARS
KARNATAKA         R/At VARADANAYAKANAHALLI
                  KASABA HOBLI,
                  SIDLAGHATTA TALUK-562105
                  CHIKKABALLAPURA DISTRICT

            2.    SMT. LAKSHMINARASAMMA
                  W/O V NARAYANAPPA
                  AGED ABOUT 80 YEARS
                            -2-
                                     NC: 2024:KHC:31215
                                     MSA No. 26 of 2023




3.   SMT. SAVITRAMMA
     D/O V NARAYANAPPA
     AGED ABOUT 61 YEARS

4.   SMT. VIMALAMMA
     D/O LATE V NARAYANAPPA
     AGED ABOUT 59 YEARS

5.   SRI. SRINIVASA MURTHY
     S/O LATE V. NARAYANAPPA
     AGED ABOUT 57 YEARS

6.   SMT. N. SHOBHAVATI
     D/O LATE V. NARAYANAPPA
     AGED ABOUT 54 YEARS

7.   SRI. N. VENUGOPAL
     S/O LATE V. NARAYANAPPA
     AGED ABOUT 53 YEARS

8.   SRI. N. RAVISHANKAR
     S/O LATE V. NARAYANAPPA
     AGED ABOUT 47 YEARS
    ALL ARE R/AT VARADANAYAKANAHALLI
    KASABA HOBLI, SIDLAGHATTA TALUK-562105
    CHIKKABALLAPURA DISTRICT.
                                        ...RESPONDENTS
(BY SRI. BABU NARAYANA P.S., ADVOCATE FOR R1;
    VIDE ORDER DATED:24/4/23 NOTICE TO R2 TO R8 IS
    DISPENSED WITH)

     THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) R/W
SEC 151 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 30.03.2022 PASSED IN RA.NO.41/2016 ON THE FILE OF
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHIKKABALLAPURA, SITTING AT CHINTAMANI, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 21.11.2014 PASSED IN OS.NO.107/2013 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, SIDLAGHATTA,
DECREEING THE SUIT FOR PARTITION AND FURTHER THE
MATTER IS REMANDED TO THE TRAIL COURT UNDER ORDER
41 RULE 23(A) OF CPC FOR A RETRIAL.
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                                          NC: 2024:KHC:31215
                                          MSA No. 26 of 2023




    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL JUDGMENT

After hearing the matter for some time, learned

counsel for the appellants files memo to withdraw the

appeal.

2. The memo reads as under;

"The appellants submits that this Hon'ble Court may be pleased to dismiss the above appeal as withdrawn in the interest of justice."

3. The appeal is dismissed as withdrawn.

4. In view of dismissal of main petition, the

pending interlocutory applications does not survive for

consideration. Accordingly, pending interlocutory

applications are disposed of.

Sd/-

(V SRISHANANDA) JUDGE AKV List No.: 1 Sl No.: 45_CT:SK