Karnataka High Court
Sri V Hombegowda vs Smt Hemavathi on 16 February, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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RSA No. 291 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 291 OF 2022
BETWEEN:
SRI V HOMBEGOWDA
S/O LATE VENKATAPPA,
AGED ABOUT 63 YEARS,
R/AT IMMADIHALLI VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK.
...APPELLANT
(BY SRI. SHIVASHANKAR K.,ADVOCATE)
AND:
1. SMT HEMAVATHI,
D/O V HOMEGOWDA,
AGED ABOUT 41 YEARS,
Digitally
R/AT IMMADIHALLI VILLAGE,
signed by K R PURAM HOBLI,
SUMA B N
Location: High
BENGALURU EAST TALUK.
Court of
Karnataka
2. SRI MARUTHI,
S/O V HOMEGOWDA,
AGED ABOUT 35 YEARS,
R/AT IMMADIHALLI VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK.
3. SMT LAKSHMI,
D/O V HOMEGOWDA,
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RSA No. 291 of 2022
AGED ABOUT 33 YEARS,
R/AT IMMADIHALLI VILLAGE,
K R PURAM HOBLI,
BENGALURU EAST TALUK.
4. SRI VENKATARAMANAPPA
DEAD BY HIS LR'S
4 (a). VENKATAMMA,
W/O LATE VENKATARAMANAPPA,
AGED ABOUT 75 YEARS,
R/AT IMMADIHALLI VILLAGE,
NEAR ANJINEYASWAMY TEMPLE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU.
4(b). SRI.SRINIVASA,
S/O LATE VENKATARAMANAPPA,
AGED ABOUT 60 YEARS,
R/AT IMMADIHALLI VILLAGE,
NEAR ANJINEYASWAMY TEMPLE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU.
4(c). SMT.MANJULA,
D/O LATE VENKATARAMANAPPA,
W/O ANANDA
AGED ABOUT 58 YEARS,
R/AT BODANAHOSAHALLI VILLAGE,
ANUGONDANAHALLI HOBLI,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT.
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RSA No. 291 of 2022
4(d). SRI.VENUGOPAL,
S/O LATE VENKATARAMANAPPA,
AGED ABOUT 60 YEARS,
R/AT IMMADIHALLI VILLAGE,
NEAR ANJINEYASWAMY TEMPLE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU.
4(e). SRI.RAMEGOWDA,
S/O LATE VENKATARAMANAPPA,
AGED ABOUT 50 YEARS,
R/AT IMMADIHALLI VILLAGE,
NEAR ANJINEYASWAMY TEMPLE,
K R PURAM HOBLI,
BENGALURU EAST TALUK,
BENGALURU.
...RESPONDENTS
(BY SRI. NARAYANA T H.,ADVOCATE FOR RESPONDENT NO.1
TO 3, SRI.C.M.NAGABUSHANA, ADVOCATE FOR RESPONDENT
NOS.4(a) TO 4(e))
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 07.02.2022
PASSED ON I.A.1 AND 2 IN RA.No.1/2021 ON THE FILE OF THE
VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE
RURAL DISTRICT BANGALORE, DISMISSING THE I.A.NO.1 AND
2 AND DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 07.02.2012 PASSED IN
OS.No.552/2003 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, BENGALURU (R) DISTRICT, BENGALURU
DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RSA No. 291 of 2022
JUDGMENT
Sri.Shivashankar.K, learned counsel for the appellant
files a memo dated 16.02.2024 which reads as under:
"The Appellant has filed the above appeal
challenging the order passed by the 6th
Addl. District and Session Judge Bengaluru
Rural District at Bengaluru in
R.A.No.1/2021 dt.7/2/2022 and the
Judgment and decree passed by the court
of the 2nd Addl. Senior Civil Judge
Bengaluru Rural District at Bengaluru in
O.S.No.552/2003 dt.7/2/2012. Now at this
stage the Appellant has not interested to
prosecute the Appeal, therefore this Hon'ble
court be pleased to permit the Appellant to
withdraw the above Appeal as not pressed,
in the interest of justice and equity."
2. The said memo is signed by the appellant-
Sri.V.Hombegowda along with Sri.Shivashankar.K, learned
counsel for the appellant.
3. Sri.T.H.Narayana, learned counsel for the
respondent Nos.1 to 3 is present.
4. Sri.C.M.Nagabhushana, learned counsel for the
respondent No.4(a) to 4(e) is present.
5. Learned counsel for the respondents submits that
they have no objection in appellant withdrawing the
appeal.
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6. Memo and submission are taken on record.
Appeal is dismissed as withdrawn.
Sd/-
JUDGE
RL
