Sri. K. P. Krishnamraju vs Sm. Gangalakshamamma
2024 Latest Caselaw 220 Kant

Karnataka High Court

Sri. K. P. Krishnamraju vs Sm. Gangalakshamamma on 3 January, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                        -1-
                                                         NC: 2024:KHC:245
                                                      RSA No. 812 of 2019




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 3RD DAY OF JANUARY, 2024

                                      BEFORE
                       THE HON'BLE MR JUSTICE M.G.S. KAMAL
                   REGULAR SECOND APPEAL NO. 812 OF 2019 (INJ)

             BETWEEN:

                   SRI.K.P.KRISHNAMRAJU,
                   SON OF LATE PONNAPPA,
                   AGED ABOUT 64 YEARS,
                   C/O HANDLOOM HOUSE,
                   87, M G ROAD, BENGALURU-560 001,
                   PRESENTLY RESIDING AT NO.28,
                   16TH CROSS, KANAKA NAGARA,
                   BENGALURU-560 032.

                                                             ...APPELLANT
             (BY SRI. RAVINDRANATH K., ADVOCATE)
             AND:

             1.    SMT.GANGALAKSHAMAMMA,
                   W/O LATE MUNISIDDAPPA,
Digitally          AGED ABOUT 75 YEARS,
signed by          RESIDING AT THIMMABOVIPALYA,
SUMA B N           DASANAPURA HOBLI,
Location:          BENGALURU RURAL (D),
High Court         PIN CODE-562 123.
of
Karnataka    2.    SRI.G.PRATHAP KUMAR,
                   S/O YELE GOVINDAPPA,
                   AGED ABOUT 41 YEARS,
                   RESIDING AT KARNATAKA LAYOUT,
                   KURUBARAHALLI,
                   BASAVESWARANAGAR,
                   BENGALURU-560079.
                                                          ...RESPONDENTS
                                -2-
                                                NC: 2024:KHC:245
                                             RSA No. 812 of 2019




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 29.11.2018
PASSED IN RA.NO.36/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE     NELAMANGALA,      BENGALURU    (R)    DISTRICT      AND
JUDGMENT AND DECREE PASSED IN OS.NO.160/2007 DATED
31.10.2015 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
AND JMFC, NELAMANGALA AND ALLOW THE APPEAL WITH
EXEMPLARY COST.

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



                            JUDGMENT

Heard Sri. Ravindranath K, learned counsel for the

appellant.

2. Sri. S. V. Shastri, learned counsel for the

appellant furnishes a copy of judgment and order passed

by the Co-ordinate Bench of this Court in

RSA.No.808/2019 on 17.03.2023 and submits that the

present appeal involves identical facts and circumstances

and respondents in the present appeal and respondents in

the aforesaid case are one and the same except change in

the site number rest of the pleadings, issues involved in

NC: 2024:KHC:245

the matter and the prayer sought are one and the same.

He further submits that since similar appeal has been

dismissed, the present appeal may also be dismissed.

3. Submission is taken on record.

4. Accordingly, appeal is dismissed.

Sd/-

JUDGE

PHM