Karnataka High Court
Mari Gowda vs Lingegowda @ Thammaiah on 13 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:6054
RSA No. 1891 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1891 OF 2008 (PAR)
BETWEEN:
1. MARI GOWDA
DEAD BY LRS
(a) NINGAMMA
AGED ABOUT 73 YEARS,
W/O LATE MARIGOWDA,
(b) SHIVASHANKAR
AGED ABOUT 48 YEARS,
(c) PUTTA SWAMY
AGED ABOUT 45 YEARS,
(d) BASAVARAJU
AGED ABOUT 43 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH APPELLANTS 1(b) TO (d)
COURT OF ARE S/O MARI GOWDA,
KARNATAKA
ALL R/AT HOLALU VILLAGE,
DUDDA HOBLI, MANDYA TALUK.
2. H.L. MUDDEGOWDA
AGED ABOUT 70 YEARS,
S/O LATE LINGE GOWDA,
3. H.L.KEMPEGOWDA
SINCE DEAD BY HIS LRS
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RSA No. 1891 of 2008
3(1) H.K.NAGARAJ
SINCE DEAD BY HIS LRS
(a) SMT.MANJULA
AGED ABOUT 45 YEARS
W/O NAGARAJ
(b) H.N.VISHWANATH
AGED ABOUT 21 YEARS
S/O NAGARAJ
(c) H.N.POOJA
AGED ABOUT 19 YEARS
D/O NAGARAJ
3(2) H.K.VIJAYALAKSHMI
AGED ABOUT 52 YEARS
D/O H.L.KEMPEGOWDA
3(3) H.K.VIJAYALAKSHMI
AGED ABOUT 52 YEARS
D/O H.L.KEMPEGOWDA
3(4) H.K.SATHISHA
AGED ABOUT 45 YEARS
S/O H.L.KEMPEGOWDA
ALL ARE R/AT HOLALU VILLAGE
DUDDA HOBLI, MANDAY TALUK
MANDYA DISTRICT-571 402.
4. T.P. SUMANGALA
AGED ABOUT 54 YEARS,
W/O LATE H.L.SHANKARE GOWDA
5. H.S. SEETHAL
AGED ABOUT 23 YEARS,
D/O LATE H.L.SHANKARE GOWDA
6. H.S. SWARAJ
AGED ABOUT 22 YEARS,
S/O LATE H.L.SHANKARE GOWDA
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RSA No. 1891 of 2008
APPELLANTS 4 TO 6 ARE
R/AT DOOR NO.42, 1ST MAIN,
YADAVAGIRI, MYSORE.
...APPELLANTS
(BY SRI N.BAYYA REDDY, ADVOCATE FOR APPELLANT &
ALSO FOR LRS OF APPELLANT NO.3,
VIDE ORDER DATED 30.01.2024,
APPEAL AGAINST APPELLANT NO.2 IS ABATED)
AND:
1. LINGEGOWDA @ THAMMAIAH
SINCE DEAD BY HIS LRS
1(a) SMT.JAYAMMA
W/O LATE LINGE GOWDA @ THAMMAIAH
AGED ABOUT 63 YEARS
R/AT HOLALU VILLAGE,
DUDDA HOBLI, MANDYA TALUK,
MANDYA DISTRICT-571401.
2. H.C.DUDDEGOWDA
SINCE DEAD BY HIS LRS
2(a) H.D.KUMAR
S/O LATE H.D.DODDEGOWDA
AGED ABOUT 46 YEARS
2(b) H.D.JYOTHI
D/O LATE H.D.DODDEGOWDA
AGED ABOUT 42 YEARS
2(c) H.D.SHIVAPRASAD
S/O LATE H.D.DODDEGOWDA
AGED ABOUT 40 YEARS
2(d) H.D.PRASANNA KUMAR
S/O LATE H.D.DODDEGOWDA
AGED ABOUT 35 YEARS
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RSA No. 1891 of 2008
2(a) TO 2(d) ARE ALL
R/AT HOLALU VILLAGE
DUDDA HOBLI, MANDYA TALUK
MANDYA DISTRICT-571401.
3. CHIKKALINGAIAH
SINCE DEAD BY HIS LRS.
3(a) SRI H.C.SHIVARAMU
S/O LATE CHIKKAMARILINGE GOWDA
AGED ABOUT42 YEARS
R/AT HOLALU VILLAGE
DUDDA HOBLI, MANDYA TALUK
MANDYA DISTRICT-571401.
3(b) SRI PURUSHOTHAMA
S/O LATE CHIKKAMARILINGE GOWDA
AGED ABOUT38 YEARS
R/AT HOLALU VILLAGE
DUDDA HOBLI, MANDYA TALUK
MANDYA DISTRICT-571401.
...RESPONDENTS
[BY SRI D. GANGADHAR, ADVOCATE FOR R1(a),
R2(a), R2(b), R(c), R3(a), R3(b) - SERVED,
VIDE ORDER DATED 14.02.2019,
NOTICE HELD SUFFICIENT IN R/O. R2(d)]
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 15.04.2008 PASSED IN
R.A.NO.62/2002 ON THE FILE OF THE ADDL.CIVIL JUDGE
(SR.DN.) AND CJM., MANDYA, ALLOWING THE CROSS APPEAL
(CROSS OBJECTION) OF APPELLANTS/DEFENDANTS 1 TO 3 IN
RA NO.62/02 FILED U/O 41 RULE 22 R/W/S 151 OF THE CPC
AND REVERSING THE FINDING OF TRIAL COURT ON ISSUE
NO.1 WHICH FILED AGAINST THE JUDGEMENT AND DECREE
DATED 18.03.2002 PASSED IN O.S.NO.1068/1992 ON THE FILE
OF THE ADDL.CIVIL JUDGE & JMFC., (JR.DN.) MANDYA.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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RSA No. 1891 of 2008
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking permission to withdraw the appeal as the
appellants are not pressing and the same may be
dismissed as not pressed.
2. The said memo is taken on record.
3. In view of the aforesaid memo, the appeal is
dismissed as not pressed.
Sd/-
JUDGE
SS
