K N Nagaraju vs K N Venkatesha
2024 Latest Caselaw 6137 Kant

Karnataka High Court

K N Nagaraju vs K N Venkatesha on 29 February, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                         -1-
                                                      NC: 2024:KHC:8515
                                                   RSA No. 2520 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                       BEFORE
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    REGULAR SECOND APPEAL NO. 2520 OF 2018 (DEC)

               BETWEEN:

               K.N. NAGARAJU,
               AGED ABOUT 61 YEARS,
               S/O. NARAYANAPPA,
               R/O. KODENAHALLI VILALGE,
               NANDI HOBLI,
               CHIKKABALLAPURA TALUK & DIST.
               PIN CODE NO. 562 101.
                                                           ...APPELLANT
               (BY SRI. R. CHANDRANNA, ADVOCATE)

               AND:

               1.     K.N. VENKATESHA,
                      AGED ABOUT 56 YEARS,
Digitally
signed by
SUMA B N       2.     NARAYANASWAMY,
Location:             AGED ABOUT 46 YEARS,
High Court
of Karnataka
               3.     SMT. ASHWATHAMMA
                      AGED ABOUT 81 YEARS,
                      SL.NO.1 AND 2 ARE THE SONS AND
                      SL.NO.3 IS THE WIFE OF
                      LATE NARAYANAPPA,
                      ALL ARE R/AT KODENAHALLI VILLAGE,
                      NANDI HOBLI,
                      CHIKKABALLAPURA TALUK & DISTRICT,
                      PIN CODE NO.562 101.
                           -2-
                                      NC: 2024:KHC:8515
                                   RSA No. 2520 of 2018




4.   BYRAPPA,
     AGED ABOUT 63 YEARS,
     S/O. LATE NARAYANAPPA,
     R/O. HAROBANDE VILLAGE,
     KASABA HOBLI,
     CHIKKABALLAPURA TALUK & DISTRICT,
     PIN CODE NO. 562 101.
     SINCE DECEASED BY HIS LRS,

4(A) SMT. SRIRANGAMMA,
     AGED ABOUT 71 YEARS,
     W/O. LATE BYARAPPA.

4(B) SMT. BHAGYAMMA,
     AGED ABOUT 46 YEARS,
     D/O. LATE BYRAPPA,
     (a) AND (b) ARE RESIDING AT
     HAROBANDE VILLAGE,
     KASABA HOBLI,
     CHIKKABALLAPURA TALUK,
     CHIKKABALLAPURA DISTRICT.

4(C) SMT. SUJATHA,
     AGED ABOUT 44 YEARS,
     D/O. LATE BYRAPPA,
     RESIDING AT DARABOOR VILLAGE,
     CHIKKABALLAPURA TALUK,
     CHIKKABALLAPURA DISTRICT.

4(D) SRI. BYRA REDDY,
     AGED ABOUT 42 YEARS,
     S/O. LATE BYRAPPA,
     HAROBANDE VILLAGE, KASABA HOBLI,
     CHIKKABALLAPURA TALUK,
     CHIKKABLLAPURA DISTRICT.
                                  -3-
                                             NC: 2024:KHC:8515
                                          RSA No. 2520 of 2018




4(E)    SMT. VARAPAKSHMAMMA,
        AGED ABOUT 40 YEARS,
        D/O. LATE BYRAPPA,
        W/O. SRINIVASA,
        R/O. REDDY GOLLARAHALLI,
        HAROBANDE VILLAGE,
        KASABA HOBLI,
        CHIKKABLLAPURA VILLAGE,
        CHIKKABALLAPURA DISTRICT.

4(F)    SMT. NALINI,
        AGED ABOUT 38 EARS,
        D/O. LATE BYRAPPA,
        W/O. BYREGOWDA,
        R/O. HURLAGURKI VILLAGE,
        VIJAYAPURA HOBLI, DEVANAHALLI TALUK,
        BENGALURU RURAL DISTRICT.
                                          ...RESPONDENTS
       THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 19.09.2014 PASSED IN
RA.NO.217/2007 ON THE FILE OF THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE AT CHIKKABALLAPURA, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 17.09.2007 PASSED IN O.S.NO.269/1997 ON THE FILE
OF     THE   PRINCIPAL   CIVIL    JUDGE   (JR.DN)   AND   JMFC,
CHIKKABALLAPUR.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -4-
                                          NC: 2024:KHC:8515
                                       RSA No. 2520 of 2018




                         JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal as not pressed.

2. Memo is taken on record.

3. Appeal is dismissed as not pressed.

Sd/-

JUDGE

CR