Shankaranarayana Gowda vs Smt. Shanthamma
2024 Latest Caselaw 1060 Kant

Karnataka High Court

Shankaranarayana Gowda vs Smt. Shanthamma on 11 January, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                              -1-
                                                           NC: 2024:KHC:1563
                                                        RSA No. 1368 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                            BEFORE
                             THE HON'BLE MR JUSTICE M.G.S. KAMAL
                   REGULAR SECOND APPEAL NO. 1368 OF 2021(PAR/POS)
                   BETWEEN:

                         SHANKARANARAYANA GOWDA,
                         S/O LATE NARAYANA GOWDA,
                         AGED ABOUT 70 YEARS,
                         R/O CHIKKATIRUPATHI VILLAGE,
                         LAKKUR HOBLI, MALUR TALUK,
                         KOLAR DISRICT.
                                                                ...APPELLANT
                   (BY SRI. MANJUNATH D.M., ADVOCATE)

                   AND:

                   1.      SMT. SHANTHAMMA,
                           W/O GOPALAPPA,
                           AGED ABOUT 64 YEARS.
Digitally signed
by SUMA B N
Location: High
                   2.      SMT. SAROJAMMA,
Court of                   W/O GOPALAPPA,
Karnataka
                           SINCE DEAD BY HER LRS

                   2(A). SRI. GOPALAPPA,
                         S/O VENKATE GOWDA,
                         AGED ABOUT 70 YEARS.
                   2(B). SRI. VENKATESH,
                         S/O GOPALAPPA,
                         AGED ABOUT 42 YEARS.
                               -2-
                                             NC: 2024:KHC:1563
                                          RSA No. 1368 of 2021




2(C). SMT. NIRMALA,
      W/O ANAND,
      AGED ABOUT 38 YEARS.
      BATHALAPPALLI VILLAGE
      MGR POST,
      HOSUR TALUK,
      KRISHNAGIRI DISTRICT,
      TAMIL NADU.

2(D). SRI SUNDER RAJ,
      S/O GOPALAPPA,
      AGED ABOUT 31 YEARS.

2(E).   SRI. VIJAY,
        S/O GOPALAPPA,
        AGED ABOUT 32 YEARS.

        R2(A), (B), (D) AND (E) ARE ALL
        R/AT NO.478,
        BATHALAPPALLI VILLAGE
        MGR POST, HOSUR TALUK,
        KRISHNAGIRI DISTRICT,
        TAMIL NADU.

3.      SMT. PARVATHAMMA,
        W/O GOPALAPPA,
        AGED ABOUT 60 YEARS,
        R/O THARAGALURU VILLAGE,
        KUDIYANURU POST,
        MALUR TALUK,
        KOLAR DISTRICT.

4.      SMT. KANTHAMMA,
        W/O MARE GOWDA,
        AGED ABOUT 50 YEARS,
        R/O CHIKKA TIRUPATI VILLAGE,
                                  -3-
                                              NC: 2024:KHC:1563
                                         RSA No. 1368 of 2021




          LAKKUR HOBLI, MALUR TALUK,
          KOLAR DISTRICT.

5.        SMT. RATHNAMMA,
          W/O SAMPATH KUMAR,
          AGED ABOUT 48 YEARS,
          ADLAMMA ENGINEERING COLLEGE POST,
          HOSURU TALUK,
          KRISHNAGIRI DISTRICT,
          TAMIL NADU.
                                         ...RESPONDENTS
(BY SRI. GANESH GOWDA N., ADVOCATE FOR C/R1)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 08.10.2020
PASSED      IN   RA.NO.93/2014    ON   THE   FILE   OF   THE     I
ADDITIONAL       DISTRICT   JUDGE, KOLAR, DISMISSING           THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 11.08.2014 PASSED IN O.S.NO.492/2011 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC., MALUR.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

The learned Counsel for the appellant has filed a memo

seeking leave of the Court to withdraw the appeal as the matter

has been settled out of the Court. The said memo is taken on

record.

NC: 2024:KHC:1563

2. Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

NSU

CT:SNN