Smt Hanumamma vs Sri K Shivaraj
2024 Latest Caselaw 3261 Kant

Karnataka High Court

Smt Hanumamma vs Sri K Shivaraj on 2 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                              -1-
                                                             NC: 2024:KHC:4613
                                                          RFA No. 1156 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 2ND DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1156 OF 2016 (INJ)
                   BETWEEN:

                   1.    SMT HANUMAMMA
                         D/O. LATE. LINGAIAH @ NINGAPPA
                         AGED ABOUT 75 YEARS
                         R/AT 62/14, 8TH CROSS
                         BOVI PALYA, MAHALAKSHMIPURAM
                         BENGALURU 560086.

                   2.    SRI. B C HANUMANTHARAYAPPA
                         HUSBAND OF LATE MARAKKA
                         AGE ABOUT 70 YEARS
                         RESIDING AT NO.390
                         MALLASANDRA MAIN ROAD
                         MALLASNADRA, T DASARAHALLI
                         BENGALURU 560051
                         SINCE DEAD, LR ALREADY ON
                         RECORD AS APPELLANT NO.3 & 4.
Digitally signed
by
HEMALATHA A
                   3.    SRI. SRINIVASA
Location: High
Court of                 S/O LATE MARAKKA AND
Karnataka
                         SRI. B C HANUMANTHARAYAPPA
                         AGE ABOUT 45 YEARS
                         R/AT NO. 390, MALLASANDRA MAIN ROAD
                         MALLASANDRA, T DASARAHALLI
                         BENGALURU 560051.

                   4.    SMT. LAKSHMIDEVI
                         D/O LATE MARAKKA AND
                         SRI. B C HANUMANTHARAYAPPA
                         AGED ABOUT 40 YEARS
                         RESIDING AT NO. 390
                         MALLASANDRA MAIN ROAD
                            -2-
                                         NC: 2024:KHC:4613
                                     RFA No. 1156 of 2016




     MALLASANDRA, T. DASARAHALLI
     BENGALURU 560051.

5.   SMT. PADMA
     D/O. LATE. LINGAIAH @ NINGAPPA
     AGED ABOUT 55 YEARS
     R/AT 62/14, 8TH CROSS, BOVI PALYA
     MAHALAKSHMIPURAM
     BENGALURU 560086.

6.   SMT. LAKSHMI DEVI
     D/O. LATE. LINGAIAH @ NINGAPPA
     AGED ABOUT 50 YEARS
     R/AT 62/14, 8TH CROSS, BOVI PALYA
     MAHALAKSHMIPURAM
     BENGALURU 560086.

     REP BY THEIR SPEICAL POWER OF
     ATTORNEY HOLDER
     SRI. L. HANUMANTHARAYAPPA
     S/O. LINGAIAH @ NINGAIAH
     AGE ABOUT 60 YEARS
     R/AT NO. 62/14, 8TH CROSS
     BOVI PALYA, MAHALAKSHMIPURAM
     BENGALURU 560086.
                                             ...APPELLANTS
(BY SRI. SIDDAMALLAPPA P M.,ADVOCATE)

AND:

SRI K SHIVARAJ
S/O. LATE. KEMPANNA
AGED ABOUT 54 YEARS
R/AT NO. 148, SRI. KRISHNA NILAYA
8TH CROSS, 1ST MAIN
NEAR AMBABHAVANI TEMPLE
BANGALORE 560079
                                            ...RESPONDENT
(BY SMT. HARSHITHA B HIREMATH, ADVOCATE FOR
SRI. C.M. NAGABHUSHANA, ADVOCATE)
                                -3-
                                              NC: 2024:KHC:4613
                                         RFA No. 1156 of 2016




     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED: 02.06.2016
PASSED IN O.S NO.9579/2007 ON THE FILE OF THE VIII ADDL.
CITY CIVIL AND SESSIONS JUDGE (CCH 15), BENGALURU,
DECREEING THE SUIT FOR PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 29.01.2024 seeking leave of this Court to

withdraw the appeal.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

4. All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM