Smt. Yashodamma vs G Gopalakrishnappa Dead By Lrs
2024 Latest Caselaw 5633 Kant

Karnataka High Court

Smt. Yashodamma vs G Gopalakrishnappa Dead By Lrs on 22 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                        NC: 2024:KHC:7470
                                                     RFA No. 1970 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1970 OF 2023 (DEC/INJ)


                   BETWEEN:

                   1.    YASHODAMMA
                         W/O LATE HALAPPA
                         AGED ABOUT 65 YEARS

                   2.    SRI. ANNAIAH
                         S/O LATE HALAPPA
                         AGED ABOUT 48 YEARS

                         APPELLANTS ARE
                         R/O SIDDESHWARA NAGARA
                         CHIKKAL, 4TH CROSS
                         HOLENONNUR ROAD
                         SHIVAMOGGA.
Digitally signed
by HEMALATHA                                               ...APPELLANTS
A
Location: High     (BY SRI. P N HARISH.,ADVOCATE)
Court of
Karnataka          AND:

                   1.    G GOPALAKRISHNAPPA
                         DEAD BY LRS
                         SMT. SUMITRAMMA
                         W/O LATE G GOPALAKRISHNA
                         AGED ABOUT 75 YEARS
                         R/O SIDDARAMAIAH LAYOUT
                         KASHIPURA EXTN
                         VINOBANAGARA
                          -2-
                                     NC: 2024:KHC:7470
                                 RFA No. 1970 of 2023




     SHIVAMOGGA.

2.   SMT. JAYASHRI
     W/O TAMMAIAH GOWDA
     D/O LATE G GOPALAKRISHNA
     AGED ABOUT 53 YEARS
     R/O GARUR MAIN ROAD
     BASAVESHWARA LAYOUT
     MYSURU-08.

3.   GOVINDARAJU G
     S/O LATE G GOPALAKRISHNA
     AGED ABOUT 51 YEARS
     AGRICULTURIST
     R/O SIDDARAMAIAH LAYOUT
     KASHIPURA EXTN.
     VINOBANAGARA SHIVAMOGGA.

4.   SMT. VIDYAVATI
     W/O SUBRAMANYA
     D/O LATE G GOPALAKRISHNA
     AGED ABOUT 48 YEARS
     HOUSE HOLD
     R/O APPAJIRAO COMPOUND
     KOTE ROAD, SHIVAMOGGA.

5.   SMT VEENA
     W/O NAGENDRA PRASAD
     D/O LATE G GOPALAKRISHNA
     AGED ABOUT 49 YEARS
     R/O FLAT -4, B NAGAPPA COLONY
     IST CROSS, CONTONMENT
     HOSAPETE ROAD, BELLARY.

6.   SMT. DHANALAKSHMI
     W/O SRIDHAR
     D/O G GOPALAKRISHNA
     AGED ABOUT 47 YEARS
                         -3-
                                       NC: 2024:KHC:7470
                                    RFA No. 1970 of 2023




     R/O KENCHAPPA LAYOUT
     NEAR MAHALAKSHMI TEMPLE
     VINOBANAGARA
     SHIVAMOGGA

7.   G GIRISH
     S/O LATE G. GOPALAKRISHNA
     AGED ABOUT 44 YEARS
     AGRICULTURIST
     AND BANK EMPLOYEE
     R/O P AND T COLONY
     4TH CROSS,NEAR P AND T PARK
     SHIVAMOGGA.
                                        ...RESPONDENTS


(BY SRI.DHIRAJ A.K., ADVOCATE)


     THIS RFA IS FILED UNDER SECTION 96 OF CPC

AGAINST    THE   JUDGMENT     AND     DECREE    DATED:

08.01.2021 IN OS.No.233/2018 PASSED BY I ADDL.

SENIOR CIVIL JUDGE AND CJM AT, SHIVAMOGGA.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                           -4-
                                         NC: 2024:KHC:7470
                                    RFA No. 1970 of 2023




                     JUDGMENT

1. The learned counsel for the appellants has

filed a memo dated 22.02.2024 seeking leave of

this Court to withdraw the appeal. He submitted

that the court fee may be refunded in favour of

appellant No.2.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

4. Registry is directed to refund the court fee in

favour of the appellant No.2, after due verification.

Sd/-

JUDGE

DM