Sri Madhava Gowda vs Smt Savithri
2024 Latest Caselaw 6148 Kant

Karnataka High Court

Sri Madhava Gowda vs Smt Savithri on 29 February, 2024

                                               -1-
                                                             NC: 2024:KHC:8463
                                                           RSA No. 621 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                            BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                    REGULAR SECOND APPEAL NO. 621 OF 2014 (PAR)

                   BETWEEN:

                   SRI MADHAVA GOWDA
                   S/O RAMANNA GOWDA
                   AGED ABOUT 62 YEARS
                   BEETIGE OF CHARMADY
                   VILLAGE & POST
                   BELTHANGADY TQ D K
                                                                  ...APPELLANT
                   (BY SRI. N SUKUMAR JAIN, ADVOCATE)

                   AND:

                   1.    SMT SAVITHRI
                         AGED ABOUT 53 YEARS
                         AT CHIBIDRE OF CHIBIDRE VILLAGE
Digitally signed         BELTHANGADY TALUK
by R DEEPA               KAKKINJE, D K DIST-574214
Location: HIGH
COURT OF           2.    SMT RAMAKKA
KARNATAKA                W/O BOMMANNA GOWDA
                         AGED ABOUT 63 YEARS
                         AT KARYA OF PADUVETTU VILLGE
                         BELTHANGADY TALUK
                         P O BOLMANAR
                         D K DIST-574214

                   3.    SMT PONNAKKA
                         W/O NONAYYA GOWDA
                         AGED ABOUT 60 YEARS
                         AT GANADA KOTTIGE
                                   -2-
                                                  NC: 2024:KHC:8463
                                                RSA No. 621 of 2014




     UJIRE VILLAGE
     BELTHANGADY TQ
     P O SATHHYANA PAKLE
     D K DIST-574214
                                                    ...RESPONDENTS

(BY SRI. R1 DECEASED AND R3 IS SERVED
   V/O DATED 22.09.2023, NOTICE TO                    R2   IS   HELD
SUFFICIENT)

      THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE
JUDGEMENT     &    DECREE   DTD    6.1.2014   PASSED  IN
R.A.NO.36/2002 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC., BELTHANGADY, D.K.,PARTLY ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND
DECREE DTD 25.6.2002 PASSED IN OS.NO.164/1995 ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC., BELTHANGADY,
D.K.

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

                            JUDGMENT

Learned counsel for the appellant filed a memo

seeking leave of the Court to withdraw the appeal along

with affidavit.

2. In the affidavit Sri Madhava Gowda S/o

Ramanna Gowda has stated that respondent No.1 died on

06.04.2021 leaving behind him and remaining respondents

as the legal heirs of deceased respondent No.1.

Respondent No.1 was issueless and her husband is also

NC: 2024:KHC:8463

pre-deceased her. Respondent Nos.2 and 3 have released

their undivided share in favour of the appellant including

the share of deceased Savitri inherited by them by a

registered release deed dated 22.08.2023. In view of the

same, the appellant is not interested in prosecuting the

appeal.

3. Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

SSB