Sri Ramaiah vs Sri Krishnappa
2024 Latest Caselaw 6032 Kant

Karnataka High Court

Sri Ramaiah vs Sri Krishnappa on 28 February, 2024

                                             -1-
                                                           NC: 2024:KHC:8405
                                                        RSA No. 1358 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                        REGULAR SECOND APPEAL NO. 1358 OF 2013 (INJ)


                   BETWEEN:

                   1.      SRI. RAMAIAH
                           S/O SRI PERUMAIAH
                           AGED ABOUT 58 YEARS
                           R/A CHANNASANDRA VILLAGE
                           BIDARAHALLI HOBLI
                           BANGALOR EAST TALUK
                           BANGALORE - 560 109.

                   1(A). SMT. RENUKAMMA
                         D/O LATE P.RAMAIAH @ RAMANNA
                         AGED ABOUT 56 YEARS.

                   1(B). SMT.LAKSHMI
Digitally signed         D/O LATE P.RAMAIAH @ RAMANNA
by R DEEPA
                         AGED ABOUT 54 YEARS.
Location: HIGH
COURT OF
KARNATAKA          1(C). SMT. MANJULA
                         D/O LATE P.RAMAIAH @ RAMANNA
                         AGED ABOUT 52 YEARS.

                   1(D). SMT. C.R. RATNA
                         D/O LATE P.RAMAIAH @ RAMANNA
                         AGED ABOUT 50 YEARS,

                           APPLICANTS 1 TO 4 ARE ALL
                           R/AT CHANNASANDRA VILLAGE,
                           BIDARAHALLI HOBLI,
                            -2-
                                     NC: 2024:KHC:8405
                                  RSA No. 1358 of 2013




       BANGALORE EAST TALUK,
       BANGALORE

                                         ...APPELLANTS
(BY SRI. A. MADHUSUDHANA RAO., ADVOCATE FOR A1(A-D))

AND:

1.   SRI. KRISHNAPPA,
     S/O SRI. MUNIVENKATAPPA,
     AGED ABOUT 58 YEARS,
     R/AT CHANNASANDRA VILLAGE
     BIDARAHALLI HOBLI
     BANGLAORE EAST TALUK
     BANGALORE - 560 109

2.   SRI. MUNIRAJU,
     S/O SRI MUNIVENKATAPPA
     AGED ABOUT 58 YEARS
     KAVALABYRASANDRA
     BANGALORE - 560 032

3.   SRI. PAPANNA,
     S/O SRI CHINNAPILLAYAPPA,
     AGED ABOUT 33 YEARS,
     R/AT HALSANKERE
     SANTE BEEDI,
     AGASANAKERE,
     HOSKOTE TALUK,
     BANGALORE - 560 109

4.   SRI. KITTAPPA
     S/O SRI NARAYANA GOWDA
     R/A CHANNASANDRA VILLAGE
     BIDARAHALLI HOBLI
                            -3-
                                         NC: 2024:KHC:8405
                                      RSA No. 1358 of 2013




    BANGALORE EAST TALUK
    BANGALORE - 560 109.
                                           ...RESPONDENTS
(BY SRI. P. B. RAJU, ADVOCATE FOR R1 AND R2,
    VIDE ORDER DATED 12.09.2017, NOTICE TO
    R3 IS HELD SUFFICIENT;
    VIDE ORDER DATED 12.09.2017, R4 IS DELETED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN
R.A.NO.179/2010 ON THE FILE OF THE PRL. DISTRICT JUDGE,
BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 01.09.2009 PASSED IN O.S.NO.553/1998 ON THE FILE
OF THE PRL. II CIVIL JUDGE (JR.DN) BANGALORE RURAL
DISTRICT, BANGALORE.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

After hearing for some time learned counsel for the

appellants filed a memo seeking to withdraw the appeal

with liberty to approach the Appellate Court under Order

XL Rule 21.

2. Memo is placed on record.

3. Appeal is dismissed as withdrawn.

NC: 2024:KHC:8405

4. If such application filed by the appellant the

Appellate Court shall proceed the said application without

insisting on the point of limitation and directed to

considered the application liberally and pass appropriate

order in accordance with law.

5. In view of dismissal of the appeal, IA No.1/2013

does not survive for consideration.

Sd/-

JUDGE

AT