K S Ramesha vs Lawrence D Souza
2024 Latest Caselaw 507 Kant

Karnataka High Court

K S Ramesha vs Lawrence D Souza on 5 January, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                         -1-
                                                         NC: 2024:KHC:626
                                                     RSA No. 2330 of 2018




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF JANUARY, 2024

                                       BEFORE

                        THE HON'BLE MR JUSTICE M.G.S. KAMAL

                   REGULAR SECOND APPEAL NO. 2330 OF 2018 (RES)

              BETWEEN:

              K.S. RAMESHA,
              S/O SIDDEGOWDA,
              AGED ABOUT 44 YEARS,
              LAND HOLDER,
              R/O KUDUVALLI VILLAGE,
              VASTHARE HOBLI,
              CHIKKAMAGALURU TALUK,
              CHIKKAMAGALURU DISTRICT - 577 101.
                                                             ...APPELLANT
              (BY SRI. GURURAJ KULKARNI, ADVOCATE)

                 AND:
Digitally signed
by SUMA B N
Location: High 1. LAWRENCE D'SOUZA,
Court of            S/O ELIAS D'SOUZA
Karnataka           AGED ABOUT 72 YEARS,
                    COFFEE PLANTER AND ADVOCATE,
                    R/O CHRISTIAN COLONY,
                    CHIKKAMAGALURU CITY - 577 101.

              2.    SMT. MALLIGAMMA,
                    W/O LATE SAGNE GOWDA,
                    AGED ABOUT 59 YEARS,
                            -2-
                                          NC: 2024:KHC:626
                                    RSA No. 2330 of 2018




3.   SURESHA,
     S/O LATE SAGNE GOWDA,
     AGED ABOUT 39 YEARS,
4.   MANJUNATH,
     S/O SAGNE GOWDA,
     AGED ABOUT 34 YEARS,

     RESPONDENTS 2 TO 4
     ARE ALL LAND HOLDERS
     ALL ARE RESIDENTS OF
     GUMMANAKHAN VILLAGE, VASTHARE HOBLI,
     CHIKKAMAGALUR TALUK,
     CHIKKAMAGALUR DISTRICT - 577 101.
                                       ...RESPONDENTS
(BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE FOR R1;
     SRI. P. KRISHNAMURTHY, ADVOCATE FOR R2 TO R4)

      THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST

THE JUDGMENT AND DECREE DATED 29.08.2018 PASSED IN

RA.NO.28/2018, ON THE FILE OF THE 2ND ADDL.SENIOR CIVIL

JUDGE,    CHIKKAMAGALURU    ALLOWING   THE   APPEAL   AND

SETTING    ASIDE   THE   JUDGMENT   AND   DECREE   DATED

31.01.2018 PASSED IN OS.NO.181/2014 ON THE FILE OF THE

IST ADDL.CIVIL JUDGE AND JMFC., C/C.PRL.CIVIL JUDGE AND

JMFC., CHIKKAMAGALURU.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                 -3-
                                                  NC: 2024:KHC:626
                                          RSA No. 2330 of 2018




                           JUDGMENT

Learned counsel for the appellant files a memo, seeking

withdrawal of the appeal, as the matter settled out of Court.

2. Memo taken on record.

3. Appeal is dismissed as withdrawn.

Sd/-

JUDGE

AT

CT: BHK