Karnataka High Court
Nagarajappa vs Rojamma @ Sarojamma on 27 February, 2024
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NC: 2024:KHC:8005
RFA No. 105 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO.105 OF 2012 (PAR)
BETWEEN:
1. NAGARAJAPPA,
S/O ANGADI PUJARI BASAPPA,
AGED ABOUT 62 YEARS,
R/AT KABBUR VILLAGE,
DAVANAGERE TALUK.
2. RATHNAMMA,
W/O NAGARAJAPPA,
AGED ABOUT 54 YEARS,
3. N.MURUGENDRAPPA
S/O. NAGARAJAPPA,
AGED ABOUT 38 YEARS
4. N.MAHADEVAPPA
S/O. NAGARAJAPPA
Digitally AGED ABOUT 33 YEARS
signed by
PRAMILA G V APPELLANT NO.2 TO 4
Location: RESIDING AT KABBUR VILLAGE,
HIGH COURT MAYAKONDA HOBLI,
OF DAVANAGERE DISTRICT.
KARNATAKA
5. SMT. UMADEVI,
W/O. SHIVAKUMAR M.G.,
D/O NAGARAJAPPA,
AGED ABOUT 35 YEARS,
R/A MITTALAKATTE VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT
...APPELLANTS
(BY SRI T. PRAKASH., ADVOCATE)
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NC: 2024:KHC:8005
RFA No. 105 of 2012
AND:
1. ROJAMMA @ SAROJAMMA
W/O NAGARAJAPPA
AGED ABOUT 58 YEARS
R/AT KAVALUR VILLAGE,
DAVANAGERE TALUK.
2. KALAMMA
W/O MANJAPPA
AGED ABOUT 40 YEARS
R/AT KAVALUR VILLAGE,
DAVANAGERE TALUK.
3. BASAVARAJAPPA
S/O ANGADI PUJARI BASAPPA,
AGED ABOUT 45 YEARS
R/AT KAVALUR VILLAGE,
DAVANAGERE TALUK.
4. KAMALAMMA
W/O BALAGER RUDRAPPA,
AGED ABOUT 70 YEARS
TEACHER, LOKIKERE VILLAGE,
DAVANAGERE TALUK.
SINCE DEAD BY HIS LRS
4(a) BALAGER RUDRAPA
AGED ABOUT 80 YEARS
(HUSBAND OF LATE KAMALAMMA)
RTD, TEACHER,
LOKIKERE VILLAGE & POST,
DAVANAGERE TQ AND DISTRICT-577525.
4(b) A.R. VEERAPPA,
S/O BALAGER RUDRAPPA,
AGED ABOUT 51 YEARS
JALENAGAR 2ND MAIN, 2ND CROSS,
HASHAK BUILDING NEAR PARK,
DAVANAGERE -577001.
4(c) VEEREESH A.B., S/O LATE BASAVARAJA,
AGED ABOUT 24 YEARS,
R/AT No.231, 1ST MAIN, 17TH CROSS,
NANJEGOWDA BLOCK,
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RFA No. 105 of 2012
BELAVADI, OPP : ESI HOSPITAL,
MYSORE-570018.
4(d) AKKAMMA,
W/O CHANNABASAPPA
D/O LATE KAMALAMMA,
AGED ABOUT 42 YEARS,
SITE No.39 # 393/C39
RAJAKRISHNA BADAVANE,
AVARAGERE - 577003.
4(e) SHIVANNA
S/O BALAGER RUDRAPPA
AGED ABOUT 41 YEARS,
LOKIKERE VILLAGE & POST
MAYAKODA HOBLI,
DAVANAGERE TQ AND DISTRICT- 577525.
4(f) A.R. HEMANTHARAJ,
S/O BALEGAR RUDRAPPA,
AGED ABOUT 28 YEARS,
SEBAR CAMP, VIJAYANAGARA BADAVANE
2ND MAIN, 2ND CROSS, SITE No.27.
4(g) GANGAMMA,
D/O BALAGER RUDRAPPA,
AGED ABOUT 24 YEARS,
LOKIKERE VILLAGE AND POST,
DAVANAGERE TQ AND DISTRICT 577525.
5. SMT. SHARADAMMA,
W/O MAHESHWARAPPA
AGED ABOUT 65 YEARS,
R/A MITTALAKATTE VILLAGE,
HARIHARA TALUK,
DAVANAGERE DISTRICT.
6. SHANTHAMMA,
C/O BASAVARAJAPPA,
AGED ABOUT 53 YEARS,
R/AT KABBUR VILLAGE,
DAVANAGERE TALUK.
...RESPONDENTS
(R1, R3, R4(a-g), R5 & R6 are served & unrepresented;
vide order dated 19.08.2019 Notice to R2 held sufficient)
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NC: 2024:KHC:8005
RFA No. 105 of 2012
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 17.10.2011 PASSED IN
O.S.265/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE,
DAVANAGERE, DECREEING THE SUIT FOR DECLARATION.
THIS RFA COMING ON FOR ORDERS, THIS DAY THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
seeking permission of the Court to withdraw the appeal as
settled out of Court.
2. Memo is taken on record.
3. Accordingly, the appeal is dismissed as withdrawn.
Sd/-
JUDGE
MV
