Basappa @ Basavaiah vs Shivanne Gowda
2024 Latest Caselaw 6021 Kant

Karnataka High Court

Basappa @ Basavaiah vs Shivanne Gowda on 28 February, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                                  -1-
                                                           NC: 2024:KHC:8246
                                                         RSA No. 819 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE M.G.S. KAMAL
                        REGULAR SECOND APPEAL NO. 819 OF 2019 (DEC)
                   BETWEEN:
                         BASAPPA @ BASAVAIAH,
                         SINCE DEAD BY HIS LRS.

                   1.    SANNAPPA,
                         S/O LATE BASAPPA @ BASAVAIAH,
                         AGED ABOUT 69 YEARS.

                   2.    SHIVANNA,
                         S/O LATE BASAPPA @ BASAVAIAH,
                         AGED ABOUT 64 YEARS.

                   3.    MURUDAPPA,
                         S/O LATE BASAPPA @ BASAVAIAH
                         AGED ABOUT 68 YEARS.
                   4.    MALLAPPA,
                         S/O LATE BASAPPA @ BASAVAIAH,
                         AGED ABOUT 54 YEARS.
Digitally signed
by SUMA B N              ALL ARE R/AT
Location: High           DARIPURA VILLAGE,
Court of
Karnataka                AYAPURA HOBLI,
                         MYSORE TALUK AND DIST.
                                                               ...APPELLANTS
                   (BY SMT. RACHANA C., ADVOCATE FOR
                       SRI. MOHAN B.K., ADVOCATE)

                   AND:
                   1.      SHIVANNE GOWDA,
                           SINCE DEAD BY LRS.

                   1(a). SIDDAMMA,
                         W/O. SHIVANNE GOWDA (LATE)
                         AGED ABOUT 72 YEARS.
                               -2-
                                         NC: 2024:KHC:8246
                                       RSA No. 819 of 2019




1(b). S. SHIVARAMU,
      S/O. SHIVANNEGOWDA (LATE),
      AGED ABOUT 35 YEARS
        (1(A) AND (B) R/AT)
        #15, KALUKATTE BEEDI,
        DODDAHUNDI, DANAGALLI POST,
        JAYAPURA HOBLI,
        MYSORE TALUK - 570 008.
1(c).   S. BASAVARAJU,
        S/O. SHIVANNEGOWDA (LATE),
        AGED ABOUT 43 YEARS,
        R/AT #10/2, KALUKATTE BEEDI,
        DODDAHUNDI, DANAGALLI POST,
        JAYAPURA HOBLI,
        MYSORE TALUK - 570 008.
1(d). S. MALAMMA,
      W/O. K.KUMAR,
      D/O. SHIVANNEGOWDA (LATE),
      AGED ABOUT 47 YEARS,
      R/AT #2448, 2ND CROSS,
      HOSABANDIKERI, NANJUMALIGE,
      K.R.MOHALLA,
      MYSORE - 570 004.
1(e). CHIKAMANNI
      W/O. MAHADEVU,
      D/O. SHIVANNEGOWDA (LATE),
      AGED ABOUT 40 YEARS,
      R/AT #199, GOPALAPURA,
      JAYAPURA HOBLI,
      GOPALAPURA POST, MYSORE - 570 008.
1(f).   SHIVAMMA,
        W/O. PUTTIAHIA,
        D/O. SHIVANNEGOWDA(LATE),
        AGED ABOUT 37 YEARS,
        CHIKAYANA CHATRA HOBLI,
        KEMPISIDDANA HUNDI VILLAGE,
        HEGGIGE, MYSORE - 571 302.
                                           ...RESPONDENTS
(BY SRI. L. RAJA, ADVOCATE)
                                 -3-
                                             NC: 2024:KHC:8246
                                           RSA No. 819 of 2019




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 11.04.2012
PASSED IN RA.NO.51/2012 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE, MYSORE DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 18.11.2011
PASSED IN O.S.NO.810/2007 ON THE FILE OF THE         III
ADDITIONAL SR. CIVIL JUDGE MYSORE.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Smt.Rachana C., learned counsel for Sri.Mohan B.K.,

learned counsel for the appellants has filed a memo dated

27.02.2024 seeking dismissal of the appeal as withdrawal.

2. Learned counsel for the respondents is present

and submits that he has no objections for the same.

3. The said memo is taken on record.

Appeal is dismissed as withdrawn.

Sd/-

JUDGE GPG

CT:SNN