P Vikram vs Smt Huchamma
2024 Latest Caselaw 4259 Kant

Karnataka High Court

P Vikram vs Smt Huchamma on 12 February, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                   -1-
                                                              NC: 2024:KHC:5813
                                                             MSA No. 50 of 2021




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                               BEFORE
                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                       MISCELLANEOUS SECOND APPEAL NO.50 OF 2021 (RO)
                      BETWEEN:

                      1.    P. VIKRAM,
                            S/O RANGARAJU,
                            AGED ABOUT 62 YEARS,

                      2.    MAYURA MEHATHA,
                            S/O RANGARAJU,
                            AGED ABOUT 57 YEARS,

                      3.    SURAJ KUMAR,
                            S/O RANGARAJU,
                            AGED ABOUT 55 YEARS.

                            ALL ARE RESIDENTS OF HORAPET,
                            V.S. JEWELLERY, GUMCHI SQUARE,
Digitally signed by         TUMKURU - 571 112.
RAMYA D
Location: HIGH                                                     ...APPELLANTS
COURT OF
KARNATAKA
                      (BY SRI. THAMMAIAH T, ADVOCATE)

                      AND:

                      1.    SMT. HUCHAMMA,
                            W/O LATE SHRI. BASAVAIAH,
                            D/O LATE SHRI. GANGANNA,
                            AGED ABOUT 82 YEARS,
                            R/O BELLAGERE VILLAGE, HEBBUR HOBLI,
                            TUMKURU TALUK AND DIST - 571 112.
                             -2-
                                         NC: 2024:KHC:5813
                                       MSA No. 50 of 2021




2.   THIMMAMMA,
     W/O LATE SHRI. CHANNAIAH,
     D/O LATE SHRI. GANGANNA,
     AGED ABOUT 77 YEARS,
     R/O KODIHALLI PALYA,
     KOTHAGERE HOBLI,
     KUNIGAL TALUK - 573 211.

3.   SMT. SHIVALINGAMMA,
     W/O SHRI. SIDDAGANGAIAH,
     D/O LATE SHRI. GANGANNA,
     AGED ABOUT 57 YEARS,
     R/O KAMBALALU PALYA, HEBBUR HOBLI,
     ANEKAL TALUK, TUMAKURU DISTRICT - 571 112.

4.   SHRI. SIDDAGANGAIAH,
     S/O LATE SHRI. GANGANNA,
     AGED ABOUT 67 YEARS,
     NEAR TRUCK TERMINAL,
     MAIDALA AMANIKERE THODA SALU,
     B.H. ROAD, KYATHASANDRA, TUMAKURU - 571 112.

5.   SMT. RUDRAMMA,
     W/O SHRI CHANNARAYAPPA,
     D/O LATE SHRI. GANGANNA,
     AGED ABOUT 61 YEARS,
     R/O HOSAHALLI VILLAGE,
     C.S. PURA HOBLI, GUBBLI TALUK - 571 112.

6.   THE PRESIDENT,
     VEERASHYVA SAMAJA,
     NEAR SOMESHWARA TEMPLE,
     KYATHASANDRA, TUMAKURU - 571 112.
                                           ...RESPONDENTS
(BY SRI. H.S. SANTHOSH, ADVOCATE FOR R1;
    R3 AND R5 - SERVED)
                                -3-
                                               NC: 2024:KHC:5813
                                              MSA No. 50 of 2021




       THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 21.01.2021
PASSED      IN    RA.No.272/2019   ON   THE   FILE   OF   THE   VII
ADDITIONAL DISTRICT JUDGE, TUMAKURU, ALLOWING THE
APPEAL AND SETTING ASIDE THE ORDER DATED 30.10.2019
PASSED IN OS.No.46/2014 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND CJM, TUMAKURU, REJECTING THE
SUIT OF THE PLAINTIFFS AGAINST DEFENDANTS NO.3 TO 5
AND SUIT SCHEDULE ITEM NO.1 ONLY.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for the appellants filed a memo seeking

withdrawal of the petition.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

SRA

CT: BHK