Javaranaika Since Dead By Lrs vs Sri. Siddanaika
2024 Latest Caselaw 4362 Kant

Karnataka High Court

Javaranaika Since Dead By Lrs vs Sri. Siddanaika on 13 February, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                                   -1-
                                                           NC: 2024:KHC:6041
                                                         RSA No. 167 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                               BEFORE

                              THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                          REGULAR SECOND APPEAL No. 167 OF 2023 (INJ)

                   BETWEEN:

                   1.      JAVARANAIKA
                           SINCE DEAD BY LRS

                   1(a)    SMT.MAHADEVAMMA
                           W/O LATE JAVARANAIKA,
                           AGED ABOUT 66 YEARS,

                   1(b) SRI NAGARAJU,
                        S/O LATE RAMESH,
                        AGED ABOUT 46 YEARS,

                   1(c)    SRI.SIDDANAIKA
                           AGED ABOUT 44 YEARS,

                   1(d) SRI.SHIVALINGA
                        AGED ABOUT 36 YEARS,
Digitally signed
by SUMA B N        1(e)    SRI.NAGENDRA
Location: High             AGED ABOUT 34 YEARS,
Court of
Karnataka
                   1(f)    SMT.MANJULA
                           AGED ABOUT 32 YEARS,

                   1(g) SMT.GOWRI
                        AGED ABOUT 30 YEARS,

                           ALL ARE R/AT MUGUR VILLAGE,
                           MUGUR HOBLI,
                           T.N.PURA TQ
                                                                ...APPELLANTS
                   (BY SRI N. BYREGOWDA, ADVOCATE FOR
                   SMT. VASUDHA H. R., ADVOCATE)
                                -2-
                                             NC: 2024:KHC:6041
                                           RSA No. 167 of 2023




AND:

1.   SRI SIDDANAIKA,
     S/O LATE CHIKKAMADANAIKA,
     AGED ABOUT 71 YEARS,
     R/AT 348, BASAWESHWARA ROAD,
     VIDYARANYAPURAM,
     KANAKAGIRI, MYSORE CITY.
                                                  ...RESPONDENT
(RESPONDENT SERVED)
      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
02.03.2022 PASSED IN RA.No.38/2017 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, T.NARASIPURA, ALLOWING THE APPEAL
AND FILED AGAINST THE JUDGMENT AND DECREE DATED
16.08.2017 PASSED IN OS No.210/2011 ON THE FILE OF THE CIVIL
JUDGE AND JMFC, T NARASIPURA.

     THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants has filed a memo

dated 19.01.2024 also signed by the appellant-Nagendra on

behalf of other appellants seeking dismissal of the appeal as

not pressed on the ground that the same having been settled

amicably among the parties.

Memo is taken on record.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE MV