Sri Doddakallappa vs Dr Somashekar Pallegar
2024 Latest Caselaw 3713 Kant

Karnataka High Court

Sri Doddakallappa vs Dr Somashekar Pallegar on 7 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                          NC: 2024:KHC:5351
                                                       MFA No. 1457 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 1457 OF 2020 (CPC)

                   BETWEEN:

                   1.    SRI DODDAKALLAPPA
                         S/O. LATE CHIKKACHIKKANNA,
                         AGED ABOUT 62 YEARS,

                   2.    SRI. D. KRISHNAMURTHY
                         S/O. DODDAKALLAPPA,
                         AGED ABOUT 47 YEARS,

                         BOTH ARE R/AT NO.100,
                         DANDU CHIKKANNA LAYOUT,
                         AMRUTHAHALLI CIRCLE,
                         SAHAKARANAGAR POST,
                         BANGALORE-560 092.

Digitally signed   3.
by SHARANYA T            SMT. KALPANA
Location: HIGH           W/O. D. ANNAYAPPA,
COURT OF                 D/O. DODDAKALLAPPA,
KARNATAKA
                         AGED ABOUT 43 YEARS,
                         R/AT NO.12/3,
                         1ST MAIN ROAD,
                         PALACE GUTTAHALLI,
                         BANGALORE-560 003.
                                                              ...APPELLANTS

                              (BY SRI. THIMMEGOWDA N., ADVOCATE)
                             -2-
                                           NC: 2024:KHC:5351
                                        MFA No. 1457 of 2020




AND:

1.   DR. SOMASHEKAR PALLEGAR
     S/O. LATE PALLEGAR,
     AGED ABOUT 71 YEARS,
     R/AT ANAND,
     NO.2939, 5TH MAIN,
     M.C.C. COLONY, B BLOCK,
     AMBEDKAR RESIDENCY,
     DAVANAGERE,
     PRESENTLY RESIDING
     AT NO. 3912,
     BAYSIDE DR, BRADENTON,
     FLORIDA, U.S.A.

     REPRESENTED BY HIS GPA HOLDER,
     DR. VIRENDRA V TEGGIMANI
     S/O. VIRUPAXAPPA TAGGIMANI,
     AGED ABOUT 69 YEARS,
     R/AT NO. 365/1A,
     KESHWAPURA,
     HUBBALI-580 023.
                                               ...RESPONDENT
                 (BY SRI. GIRI K.,ADVOCATE)


       THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST

THE ORDER DATED 31.08.2019, PASSED ON IA.NO.III AND IV,

IN   O.S.   NO.3140/2019,   ON    THE   FILE   OF   THE   XXIX

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU

CITY (CCH-30), ALLOWING THE IA.NOS.III AND IV FILED

U/O.39 RULE 1 AND 2 OF CPC.


       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                               NC: 2024:KHC:5351
                                        MFA No. 1457 of 2020




                          JUDGMENT

The learned counsel for appellant has filed a memo

stating that appellants have challenged the order dated

31.08.2019 passed on I.A.Nos.3 and 4 in

O.S.No.3140/2019 on the file of XXIX Addl. City Civil and

Sessions Judge at Bengaluru (CCH-30) and the said order

is only in respect of the schedule property described in the

plaint, the said order is in no way concerned with the

house's constructed by the appellant Nos.2 and 3 in their

property and the said construction are well before the

filing of the said suit and hence seeks permission of this

Court to withdraw the appeal. Hence, the counsel for

appellant is permitted to withdraw the appeal. In view of

the memo, the appeal is dismissed as withdrawn without

expressing any opinion on the reasoning of the memo.

Sd/-

JUDGE

RHS