Sri. Kempegowda vs Sri. Chikaputtegowda
2024 Latest Caselaw 3952 Kant

Karnataka High Court

Sri. Kempegowda vs Sri. Chikaputtegowda on 8 February, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                              NC: 2024:KHC:5373
                                                          MSA No. 118 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                               BEFORE
                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                      MISCELLANEOUS SECOND APPEAL NO. 118 OF 2018 (RO)
                      BETWEEN:

                              SRI. KEMPEGOWDA,
                              S/O MARIGOWDA,
                              SINCE DECEASED REPRESENTED BY
                              HIS LEGAL REPRESENTATIVES

                      1.      SMT. PUTTARAMAMMA,
                              W/O LATE KEMPEGOWDA,
                              AGED ABOUT 64 YEARS,

                      2.      SRI. SHIVANNA,
                              S/O LATE KEMPEGOWDA,
                              AGED ABOUT 52 YEARS,

                      2(A). SMT. BHAGYAMMA,
                            W/O LATE SHIVANA,
Digitally signed by         AGED ABOUT 41 YEARS,
RAMYA D
Location: HIGH
COURT OF              2(B). SRI. MANOJ,
KARNATAKA
                            S/O LATE SHIVANA,
                            AGED ABOUT 22 YEARS,

                      3.      SRI. NAGESH,
                              S/O LATE KEMPEGOWDA,
                              AGED ABOUT 50 YEARS,

                      4.      SRI. KRISHNA,
                              S/O LATE KEMPEGOWDA,
                              AGED ABOUT 48 YEARS,

                              1 TO 4 ARE RESIDING AT
                           -2-
                                         NC: 2024:KHC:5373
                                    MSA No. 118 of 2018




       GERAHALLI VILLAGE, SATHANUR POST,
       KANAKAPURA TALUK,
       RAMANAGARA DISTRICT - 562 126.

5.     SMT. BRUNDHA,
       W/O THEMMAPPA,
       D/O LATE KEMPEGOWDA,
       AGED ABOUT 46 YEARS,
       RESIDING AT THAMASANDRA VILLAGE,
       KALLAHALLI POST, KANAKAPURA TALUK,
       RAMANAGARA DISTRICT - 562 117.
                                             ...APPELLANTS
(BY SRI. MAHENDRA N, ADVOCATE FOR PROPOSED
    LRS OF DECEASED A2)

AND:

1.     SRI. CHIKAPUTTEGOWDA,
       S/O LATE KALAVARADEGOWDA,
       AGED ABOUT 65 YEARS,
       RESIDING AT GERAHALLI VILLAGE,
       ATTIHALLI POST, SATHANUR HOBLI,
       KANAKAPURA TALUK,
       RAMANAGARA DISTRICT - 562 126.
       SINCE DECEASED REPRESENTED BY
       HIS LEGAL REPRESENTATIVES.

1(A). SMT. SUSHILAMMA,
      W/O LATE CHIKKAPUTTEGOWDA,
      AGED ABOUT 60 YEARS,

1(B). SRI. VARADHARAJU @ ANIL.
      S/O LATE CHIKKAPUTTEGOWDA,
      AGED ABOUT 45 YEARS,

1(C). SRI. SUNIL,
      S/O LATE CHIKKAPUTTEGOWDA,
      AGED ABOUT 43 YEARS,
                                  -3-
                                               NC: 2024:KHC:5373
                                            MSA No. 118 of 2018




           R1(A) TO R1(C) ARE
           RESIDING AT GERAHALLI VILLAGE,
           ATTIHALLI POST, SATHANUR HOBLI,
           KANAKAPURA TALUK,
           RAMANAGARA DISTRICT - 562 126.
                                                  ...RESPONDENTS
(BY SRI. G.C. PRADEEP, ADVOCATE FOR LRS OF DECEASED R1
    THAT IS R1(A) TO R1(C))

     THIS MSA IS FILED UNDER ORDER 41 RULE (1) OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 04.04.2018
PASSED IN RA NO.5011/2018(OLD NO. RA 166/2011 AND
49/2014) ON THE FILE OF THE II ADDL.DISTRICT AND
SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA
DISPOSING OFF THE APPEAL AND        SETTING ASIDE THE
JUDGMENT AND DECREE DATED 29.08.2011 PASSED IN OS
NO.22/2005 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC.,
KANAKAPURA.

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

Learned counsel for the appellants filed a memo stating

that the matter has become infructuous.

The memo is placed on record.

Accordingly, the appeal is dismissed as having become

infructuous.

Sd/-

JUDGE SRA CT: BHK