Karnataka High Court
Nagarathnamurthy vs Ramakrishnappa on 10 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:1331-DB
RFA No. 2210 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 2210 OF 2022 (DEC/INJ)
BETWEEN:
NAGARATHNAMURTHY
AGED ABOUT 63 YEARS
W/O RAMESH MURTHY
R/A NO.29, 3RD C CROSS
JUDICIAL OFFICERS LAYOUT
RMV II STAGE
BANGALORE-560 094
REP. BY HER POWER OF ATTORNEY
HOLDER NAGARAJA M.
AGED ABOUT 52 YEARS
S/O LATE MADDURAPPA
R/A NO.336, 3RD FLOOR
5TH MAIN, VIJAYANAGAR
BENGALURU-560 040 ...APPELLANT
(BY SRI.V.SRINIVAS, ADV.)
Digitally signed by MALA
KN AND:
Location: HIGH COURT 1. RAMAKRISHNAPPA
OF KARNATAKA
AGED ABOUT 62 YEARS
S/O LATE KUMANNA
2. SRINIVASA
AGED ABOUT 60 YEARS
S/O LATE KUMANNA
RESPONDENT NOS. 1 & 2 ARE
R/A SHETTERAHALLI VILLAGE
KASABA HOBLI, DEVANAHALLI-562110
BENGALURU RURAL DISTRICT
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RFA No. 2210 of 2022
3. RAMANJINAMMA
AGED ABOUT 65 YEARS
S/O LATE M NAGARAJU
4. HARISH
AGED ABOUT 35 YEARS
S/O LATE M NAGARAJU
5. SHEELA
AGED ABOUT 32 YEARS
D/O LATE M NAGARAJU
RESPONDENT NOS.3-5 ARE R/AT
V NAGANAHALLI VILLAGE
R T NAGAR POST, BENGALURU-560 032
6. LATHA
AGED ABOUT 58 YEARS
S/O LATE M SRINIVASA
7. PRATHAP
AGED ABOUT 32 YEARS
S/O LATE M SRINIVASA
8. SHILPA MANJUNATH
AGED ABOUT 30 YEARS
D/O LATE M SRINIVASA
9. M YALEGOWDA
AGED ABOUT 60 YEARS
S/O LATE D MUNIYAPPA
10. M HULLURAPPA
AGED ABOUT 58 YEARS
S/O LATE D.MUNIYAPPA
11. M SADANANDA
AGED ABOUT 56 YEARS
S/O LATE D. MUNIYAPPA
RESPONDENT NOS.9 TO 11 ARE
R/AT SHETTERAHALLI VILLAGE
KASABA HOBLI
DEVANAHALLI-562 110
BENGALURU RURAL DIST
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RFA No. 2210 of 2022
12. M/S JABBAR FARMS
A PARTNERSHIP FIRM
REGISTERED UNDER INDIAN
PARTNERSHIP ACT 1932,
HAVING ITS OFFICE AT NO.105
RICHMOND ROAD, BENGALURU-560 025
REP. BY ITS MANAGING PARTNER
MR A JABBAR
13. NANJAMMA
AGED ABOUT 78 YEARS
W/O LATE THAMMANNA
14. RAMANJINAPPA
AGED ABOUT 58 YEARS
S/O LATE THAMMANNA
15. RAMAMANI
AGED ABOUT 53 YEARS
D/O LATE THAMMANNA
16. MANJULA
AGED ABOUT 63 YEARS
W/O LATE NANJAPPA
17. N ABHILASH
AGED ABOUT 43 YEARS
S/O LATE NANJAPPA
18. N SUNIL KUMAR
AGED ABOUT 41 YEARS
S/O LATE NANJAPPA
19. MUNISHAMAIAH
AGED ABOUT 65 YEARS
S/O LATE NANJUNDAPPA
20. SMT. BHAGYA
AGED ABOUT 55 YEARS
W/O MUNISHAMAIAH
21. RANJITH
AGED ABOUT 33 YEARS
S/O MUNISHAMAIAH
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RFA No. 2210 of 2022
22. RASHMI
AGED ABOUT 30 YEARS
S/O MUNISHAMAIAH
23. MUNIANJINAPPA
AGED ABOUT 63 YEARS
S/O LATE NANJUNDAPPA
24. CHANNAMMA
AGED ABOUT 53 YEARS
W/O MUNIANJINAPPA
25. KARTHIK
AGED ABOUT 31 YEARS
S/O MUNIANJINAPPA
26. SANDEEP
AGED ABOUT 27 YEARS
W/O MUNIANJINAPPA
27. ANJINAMMA
AGED ABOUT 72 YEARS
W/O LATE NANJUNDAPPA
28. ANJINAPPA
AGED ABOUT 53 YEARS
S/O LATE NANJUNDAPPA
29. PUSHPA
AGED ABOUT 48 YEARS
W/O ANJINAPPA
30. SUSHMA
D/O ANJINAPPA
AGED ABOUT 31 YEARS
31. S N MUNIRAJU
S/O LATE NANJUNDAPPA
AGED ABOUT 48 YEARS
32. MALA
W/O S N MUNIRAJU
AGED ABOUT 42 YEARS
33. HARSHITHA
D/O S N MUNIRAJU
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RFA No. 2210 of 2022
AGED ABOUT 25 YEARS
34. MONIKA
D/O S N MUNIRAJU
AGED ABOUT 22 YEARS
35. CHIKKA NANJUNDAPPA @ LOTTAPPA
S/O LATE APPE GOWDA
AGED ABOUT 91 YEARS
36. SUBBAMMA
W/O CHIKKANANJUNDAPPA @ LOTTAPPA
AGED ABOUT 84 YEARS
37. THAMMANNA
S/O CHIKKANANJUNDAPPA @ LOTTAPA
AGED ABOUT 66 YEARS
38. SHAILAJA
D/O THAMMANNA
AGED ABOUT 39 YEARS
39. SHEKAR
S/O THAMMANNA
AGED ABOUT 35 YEARS
40. PARVATHAMMA
AGED ABOUT 57 YEARS
W/O THAMMANNA
41. ANITHA
AGED ABOUT 34 YEARS
D/O THAMMANNA
42. KAVITHA
AGED ABOUT 39 YEARS
D/O THAMMANNA
43. CHIKKANARAYANASWAMY
AGED ABOUT 63 YEARS
S/O CHIKKANUNJUNDAPPA @ LOTTAPPA
44. SUNITHA
AGED ABOUT 55 YEARS
W/O CHIKKANARAYANASWAMY
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45. JYOTHI
AGED ABOUT 33 YEARS
D/O CHIKKANARAYANASWAMY
46. SHRITHI
AGED 31 YEARS
D/O CHIKKANARAYANASWAMY
47. SWATHI
AGED ABOUT 29 YEARS
D/O CHIKKANRAYANSWAMY
48. PREETHI
AGED ABOUT 27 YEARS
D/O CHIKKARANARAYANASWAMY
49. MUNIYAPPA
AGED ABOUT 59 YEARS
S/O CHIKKANANJUNDAPPA @ LOTTAPPA
50. DEVIKA
AGED ABOUT 51 YEARS
W/O MUNIYAPPA
51. CHARAN
AGED ABOUT 26 YEARS
S/O MUNYAPPA
52. TEJASWINI
AGED ABOUT 24 YEARS
D/O MUNIYAPPA
53. CHIKKAMUNIYAMMA
AGED ABOUT 55 YEARS
D/O CHIKKANANJUDAPPA ALIS LOTTAPPA
RESPONDENT NOS.13 TO 53 ARE R/AT
SAVAKANAHALLI VILLAGE
BIDALURU POST, KASABA HOBLI
DEVANAHALLI TALUK 562 110
BENGALURU RURAL DIST. ...RESPONDENTS
(BY SRI. N RAMALINGA REDDY, ADV. FOR
C/R3, R6, R9 TO R11 & R13 & R31)
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RFA No. 2210 of 2022
THIS RFA IS FILED UNDER SECTION 96 OF THE
CPC, AGAINST THE JUDGMENT AND DECREE DATED
22.09.2022 PASSED ON COUNTER CLAIM IN OS.NO.
13/2010 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, DEVANAHALLI, C/C OF IIND
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
DEVANAHALLI, DISMISSING THE COUNTER CLAIM OF
APPELLANT/ DEFENDANT NO.48 THEREIN.
THIS APPEAL, COMING ON FOR ORDERS, THIS
DAY, P.S.DINESH KUMAR J., DELIVERED THE
FOLLOWING:
JUDGMENT
Shri V. Srinivas learned advocate for the
appellant has filed a memo of even date seeking
leave to withdraw this appeal as not pressed. He
submits that GPA Holder of the appellant is also
present and he identifies him as 'Shri Nagaraja. M'.
2. Memo be kept in record. Leave granted.
Appeal is dismissed as withdrawn.
NC: 2024:KHC:1331-DB
3. In view of dismissal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and they same stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
PA
CT:HS
