Sri N Maheshwarachar vs Sri Kariyambhika Devasthana Seva ...
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Karnataka High Court

Sri N Maheshwarachar vs Sri Kariyambhika Devasthana Seva ... on 7 August, 2024

                                             -1-
                                                        NC: 2024:KHC:32047
                                                      RSA No. 1440 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF AUGUST, 2024

                                          BEFORE

                        THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                   REGULAR SECOND APPEAL NO. 1440 OF 2015 (INJ)

                   BETWEEN:

                   1.   SRI N MAHESHWARACHAR
                        S/O HANUMANTHAPPA,
                        AGED ABOUT 63 YEARS,
                        ELECTRICAL CONTRACTOR,
                        R/O DOOR NO.238, HALE NITTUVAALLI,
                        LINGAYATHARA ONI, DAVANAGERE - 577 005

                   2.   SRI N SHANMUKHACHAR
                        S/O HANUMANTHAPPA,
                        AGED ABOUT 59 YEARS,
                        BUSINESS, R/O DOOR NO.238,
                        HALE NITTUVAALLI,
                        LINGAYATHARA ONI, DAVANAGERE - 577 005

Digitally signed   3.   SRI N H DEVENDRACHAR
by R DEEPA              S/O HANUMANTHAPPA
Location: HIGH          AGED ABOUT 54 YEARS,
COURT OF                BUSINESS, R/O DOOR NO.238,
KARNATAKA
                        HALE NITTUVAALLI,
                        LINGAYATHARA ONI, DAVANAGERE - 577 005

                   4.  SRI N H KALACHAR
                       S/O HANUMANTHAPPA,
                       AGED ABOUT 45 YEARS,
                       BUSINESS, R/O DOOR NO.238,
                       HALE NITTUVAALLI,
                       LINGAYATHARA ONI, DAVANAGERE - 577 005
                                                            ...APPELLANTS
                   (BY SRI. PRAKASH SHETTY S., ADVOCATE)
                            -2-
                                        NC: 2024:KHC:32047
                                      RSA No. 1440 of 2015




AND:

     SRI KARIYAMBHIKA DEVASTHANA SEVA SAMITHI,
     NITTUVALLI, DAVANAGERE
     REPRESETNED BY ITS

1.   SRI H B CHANDRASHEKHARAPPA,
     S/O H BHIMAPPA,
     AGED ABOUT 64 YEARS,
     PRESIDENT & AGRICULTURIST,
     R/O SARASWATI BADAVANE,
     NITTUVILLI,DAVANAGERE - 577005

2.   SRI NAGARAJ H HULLUMANE
     S/O HANUMANTHAPPA,
     AGED ABOUT 40 YEARS,
     SECRETARY AND AGRICULTURIST,
     R/O LENIN NAGAR,
     NITTUVALLI NEW EXTENSION,
     DAVANAGERE - 577 005

3.   SRI H H CHANDRASHEKARAPPA
     S/O HANUMAPPA,
     AGED ABOUT 55 YEARS,
     TREASURER & AGRICULTURIST,
     R/O NITTUVALLI, DAVANAGERE - 577 005
                                            ...RESPONDENTS

(BY SRI. CHIDAMBARA G.S., ADVOCATE)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGEMENT AND DECREE DATED 29.4.2015 PASSED IN
R.A. NO.30/2014 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE, DAVANAGERE. DISMISSING THE APPEAL AND
CONFIRMED THE JUDGEMENT AND DECREE DATED 05.02.2013
PASSED IN O.S NO.59/2012 ON THE FILE OF THE ADDL. CIVIL
JUDGE, DAVANAGERE.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                             -3-
                                         NC: 2024:KHC:32047
                                      RSA No. 1440 of 2015




CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

                    ORAL JUDGMENT

After arguing for some time, learned counsel for the

appellants appearing through video conference seeks leave

of the Court to withdraw the appeal with a liberty to file a

comprehensive suit.

2. The submission is placed on record.

Accordingly, the appeal is dismissed as withdraw with

the aforesaid liberty.

Sd/-

(ASHOK S.KINAGI) JUDGE

SSB