Sri Munishamappa vs Sri Munikrishna
2024 Latest Caselaw 5726 Kant

Karnataka High Court

Sri Munishamappa vs Sri Munikrishna on 23 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                          NC: 2024:KHC:7601
                                                        RFA No. 695 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 695 OF 2023 (PAR)


                   BETWEEN:

                   SRI MUNISHAMAPPA
                   S/O LATE MUNIGA @ MUNIYAPPA
                   AND THIRUMALAMMA
                   AGED ABOUT 65 YEARS
                   R/AT YARTHIGANAHALLI VILLAGE
                   KASABA HOBLI
                   DEVANAHALLI TALUK
                   BENGALURU RURAL DISTRICT-562110.
                                                               ...APPELLANT
                   (BY SMT. BHAVYA A.C., ADVOCATE FOR
                       SRI. VARADARAJA P N.,ADVOCATE)

                   AND:
Digitally signed
by HEMALATHA       1.    SRI MUNIKRISHNA
A
                         S/O LATE MUNIGA @ MUNIYAPPA
Location: High
Court of                 AGED ABOUT 37 YEARS
Karnataka
                   2.    SRI NARAYANASWAMY
                         S/O LATE MUNIGA @ MUNIYAPPA
                         AGED ABOUT 35 YEARS

                   3.    SRI MARESH KUMAR
                         S/O LATE MUNIGA @ MUNIYAPPA
                         AGED ABOUT 29 YEARS
                         R1 TO R3 ARE RESIDING AT
                         BEEDIGANAHALLI VILLAGE
                         DODDAMARALLI POST
                            -2-
                                        NC: 2024:KHC:7601
                                    RFA No. 695 of 2023




     CHIKKABALLAPURA TQ
     AND DISTRICT-562101.
4.   SRI SREERAMAYYA
     S/O DYAVARAHALLI MUNIYAPPA
     AGED ABOUT 60 YEARS

5.   SRI HANUMAPPA
     S/O DYAVARAHALLI MUNIYAPPA
     AGED ABOUT 55 YEARS

6.   SMT MUNIRATHNAMMA
     S/O DYAVARAHALLI MUNIYAPPA
     W/O CHIKKA KEMPAIAH
     AGED ABOUT 50 YEARS

7.   SRI MUNIYAPPA
     S/O KEMPAIAH
     AGED ABOUT 55 YEARS

8.   SMT GOWRAMMA
     D/O LATE D KRISHNAPPA
     AGED ABOUT 50 YEARS
     R4 TO R8 ARE RESIDING AT
     YARTHIGANAHALLI VILLAGE
     KASABA HOBLI
     DEVANAHALLI TALUK
     BANGALORE RURAL DISTRICT-562110.
                                         ...RESPONDENTS


     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE ORDER DATED 28.11.2022 PASSED IN
OS.NO.3/2018 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE
APPLICATION FILED UNDER ORDER 7 RULE 11(a) AND (d) OF
CPC FOR REJECTION OF PLAINT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                -3-
                                                 NC: 2024:KHC:7601
                                               RFA No. 695 of 2023




                         JUDGMENT

1. Learned counsel appearing for the appellant has filed

a memo dated 23.02.2024 seeking leave of this Court to

withdraw this appeal with liberty to approach the

appropriate legal forum.

2. Memo dated 23.02.2024 is taken on record.

3. The above appeal is dismissed as withdrawn with

liberty to approach the appropriate legal forum, if law

permits.

Sd/-

JUDGE

HA