Karnataka High Court
Sri K Dogu Shetty vs Smt Prema Shetty on 14 February, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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RSA No. 662 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 662 OF 2018 (PAR)
BETWEEN:
1. SRI. K. DOGU SHETTY,
SINCE DEAD REP. BY LRS,
a) SMT. SHASHIKALA,
AGED ABOUT 57 YEARS,
W/O. LATE DOGU SHETTY,
R/AT KADTHALBETTU HOUSE,
CHENAITHODI VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK,
MANGALORE, D.K- 574 324.
b) SRI. YATHEEN D. SHETTY
AGED ABOUT 35 YEARS
Digitally
signed by S/O. LATE DOGU SHETTY,
SUMA B N R/AT KADTHALBETTU HOUSE,
Location: CHENAITHODI VILLAGE,
High Court of VAMADAPADAVU POST,
Karnataka
BANTWAL TALUK,
MANGALORE, D.K- 574 324.
c) SMT. YAMINI S. RAI,
AGED ABOUT 33 YEARS
W/O. LATE SHAMITH RAJ,
R/AT KADTHALBETTU HOUSE,
CHENAITHODI VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK,
MANGALORE, D.K- 574 324.
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RSA No. 662 of 2018
d) SRI. YASHWIN SHETTY D.,
AGED ABOUT 33 YEARS
S/O. LATE DOGU SHETTY,
R/AT KADTHALBETTU HOUSE,
CHENAITHODI VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK,
MANGALORE, D.K- 574 324.
...APPELLANTS
(BY SRI. VENKATESH R. BHAGAT, ADVOCATE)
AND:
1. SMT. PREMA SHETTY,
W/O LATE KOCHANNA SHETTY,
AGED ABOUT 67 YEARS,
2. SRI. K. MOHANA SHETTY
S/O LATE LOKAYYA SHETTY,
AGED ABOUT 47 YEARS,
R/AT RADHAKKA COMPOUND,
OPP.STATE BANK OF INDIA,
KOCHADY POST, YEYYADI, MANGALORE,
D.K.DISTRICT, PIN- 575 008.
3. SRI. K. SHIVAJI SHETTY,
S/O LATE LOYAYYA SHETTY,
AGED ABOUT 60 YEARS,
4. SRI. K. DINESH SHETTY,
S/O LATE LOYAYYA SHETTY,
AGED ABOUT 51 YEARS,
5. SRI. GANGADHARA SHETTY,
S/O. LATE LOYAYYA SHETTY,
AGED ABOUT 55 YEARS,
NO. 3 TO 5 ARE RESIDING AT
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RSA No. 662 of 2018
KADTHABETTU VILLAGE,
CHENNAITHODY VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK-574324.
DAKSHINA KANNADA DISTRICT.
6. SMT. SHOBHA SHETTY
W/O. SRI SHEKAR ADAPA,
AGED ABOUT 48 YEARS,
R/AT MADNOOR HOUSE,
KARYYARU POST, UPPALA VILLAGE,
KASARGOD TALUK,
KASARGOD DISTRICT - 671 322.
7. SMT. MALATHI
W/O SRI RAMESH SHETTY,
AGED ABOUT 45 YEARS,
R/AT BOLLARA HOUSE,
BAYARU HOUSE, UPPALA VILLAGE,
KASARGOD TALUK,
KASARGOD DISTRICT, PIN- 671 322.
8. SRI. KITTANNA SHETTY,
S/O. LATE NARAYANA SHETTY,
AGED ABOUT 90 YEARS,
R/AT VAMADAPADAVU,
GONJA HOUSE, BANTWAL TALUK,
D.K.DISTRICT, PIN- 574 324.
9. SRI. NREETHAN SHETTY,
S/O LATE SADHASHIVA SHETTY,
AGED ABOUT 51 YEARS,
10. SRI. RAMESH SHETTY
S/O. LATE SADHASHIVA SHETTY,
AGED ABOUT 49 YEARS,
11. SMT. SUNANDA
W/O SUNDER SHETTY,
AGED ABOUT 47 YEARS,
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RSA No. 662 of 2018
12. SRI. SURESH SHETTY,
S/O LATE SADHASHIVA SHETTY,
AGED ABOUT 43 YEARS,
NO. 9 TO 12 ARE RESIDING AT
PALDRODI HOUSE,
PILIMOGHARU VILLAGE AND POST,
VAMADAPADAVU POST,
BANTWAL TALUK-574324.
DAKSHINA KANNADA DISTRICT.
13. SMT. SHAMBHAVI SHETTY,
W/O LATE K. BABU SHETTY,
AGED ABOUT 73 YEARS,
14. SMT. CHANDRAVATHI SHETTY
D/O LATE K. BABU SHETTY,
AGED ABOUT 53 YEARS,
NO. 13 AND 14 ARE RESIDING AT AMEI HOUSE,
ARIYADKA VILLAGE, THINGALADY POST,
PUTTUR TALUK, D.K-574210.
15. SMT. KUSHALA
D/O LATE K. BABU SHETTY,.
AGED ABOUT 48 YEARS,
16. SRI. RAMESH SHETTY
S/O. LATE K. BABU SHETTY,.
AGED ABOUT 45 YEARS,
17. SMT. JYOTHI SHETTY,
SD/O LATE K. BABU SHETTY,
AGED ABOUT 43 YEARS,
NO. 13, 15 TO 17 ARE
RESIDING AT KADTHALABETTU HOUSE,
CHENNAITHODY VILLAGE, VAMADAPADABU POST,
BANTWAL TALUK-574324.
DAKSHINA KANNADA DISTRICT.
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18. SMT. K. SUNANDA SHETTY,
D/O. LATE NARAYANA SHETTY,
W/O SRI SANKAPPA SHETTY,
AGED ABOUT 75 YEARS,
R/AT "RAJASHREE",
CHENNAITHODY VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK-574324
DAKSHINA KANNADA DISTRICT.
19. SMT. SUSHEELA SHETTY,
W/O LATE K. VITTAL SHETTY
AGED ABOUT 49 YEARS,
20. SRI. KIRAN SHETTY,
S/O LATE K. VITTAL SHETTY
AGED ABOUT 49 YEARS,
21. SRI. ARUN SHETTY,
S/O LATE K. VITTAL SHETTY
AGED ABOUT 45 YEARS,
22. SMT. LATHA SHETTY,
D/O LATE K. VITTAL SHETTY
AGED ABOUT 43 YEARS,
23. SMT. SAVITHA SHETTY,
D/O LATE K. VITTAL SHETTY
AGED ABOUT 41 YEARS,
24. SRI. PURANDARA SHETTY
S/O LATE K. VITTAL SHETTY
AGED ABOUT 39 YEARS,
NO. 19 TO 24 ARE RESIDING AT
PUDU VILLAGE, MARIPALLA,.
BANTWAL TALUK, D.K.DISTRICT,
PIN- 574324.
25. SRI. NEELAYYA SHETY,
S/O LATE NARAYANA SHETTY,
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AGED ABOUT 69 YEARS,
SHOP KEEPER,
"RAJASHREE FRUITS AND JUICE CENTRE"
SHANKAR EMPORIUM,
OPP.K.M.C.HOSPITAL, ATTAVARA,
MANGALORE, PIN- 575 001.
26. SRI. SEENA SHETTY,
S/O LATE NARAYANA SHETTY,
AGED ABOUT 65 YEARS,
27. SRI. SIDDU SHETTY,
S/O LATE NARAYANA SHETTY,
AGED ABOUT 63 YEARS,
NO. 26 AND 27 ARE
RESIDING AT KADTHALABETTU HOUSE,
CHENNAITHODY VILLAGE,
VAMADAPADAVU POST,
BANTWAL TALUK-574324
DAKSHINA KANNADA DISTRICT.
...RESPONDENTS
(BY SRI. PRASANNA V. R., FOR C/R3)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC TO
PRAYING TO CALL FOR THE RECORDS PERTAINING TO R.A.
NO. 36/2017 ON THE FILE OF IV ADDL. DISTRICT AND
SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU DATED
17.11.2017 AND ALSO ORDER PASSED IN FDP NO. 10/2017
DATED 27.02.2017 PASSED BY THE SENIOR CIVIL JUDGE AND
JMFC, BANTWAL, DAKSHINA KANNADA, CHANNARAYAPATNA
AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RSA No. 662 of 2018
JUDGMENT
Learned counsel for the appellants
Sri.Venkatesh.R.Bhagat appearing through video
conference submits that the memo has been filed seeking
withdrawal of the appeal.
2. Perused the memo.
3. Memo is signed by appellant No.1(d) himself
and on behalf of appellant Nos.1(a), 1(b) and 1(c).
Accordingly, the appeal is dismissed as withdrawn.
In view of dismissal of the main appeal, all pending
I.A's are dismissed.
Sd/-
JUDGE
NS
CT:TSM
