Karnataka High Court
M. Nagaraju vs Sri K.C.N Prasad on 1 July, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:24873
RFA No. 394 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 394 OF 2014 (DEC)
BETWEEN:
1. M. NAGARAJU,
S/O SRINIVASA SETTY,
AGED ABOUT 83 YEARS,
R/AT SRINIVASA BOOK DEPOT,
DODDAPET, TIPTUR,
TUMKUR DISTRICT.
2. K.Y.MYLARA SETTY,
S/O YELLAPPA SETTY,
AGED ABOUT 90 YEARS,
R/AT 1ST MAIN ROAD,
K.R.EXTENSION, TIPTUR,
TUMKUR DISTRICT.
Digitally signed by 3. K.R.PRABHAKAR,
GEETHAKUMARI
PARLATTAYA S S/O LATE RAMAIAH SHETTY,
Location: High AGED ABOUT 75 YEARS,
Court of Karnataka R/AT RAMA MANDIRA ROAD,
TIPTUR, TUMKUR DISTRICT.
...APPELLANTS
(BY SRI. LOURDU MARIYAPPA A., ADVOCATE)
AND:
1. SRI. K.C.N PRASAD,
S/O LATE K.N.CHANDRASHEKAR SETTY,
AGED ABOUT 58 YEARS,
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RFA No. 394 of 2014
2. SMT.HONNA RATHNAMMA,
W/O LATE K.N.CHANDRASHEKAR SETTY,
AGED ABOUT 75 YEARS,
RESPONDENT NO.1 AND 2 ARE
R/AT NO.113, BIG BAZAR,
TIPTUR TOWN - 575 201,
TUMKUR DISTRICT.
3. C.S.CHANDRA KAMALA,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O SHESHAPANI,
AGED ABOUT 60 YEARS,
R/AT NO.552/B, 6TH MAIN,
50 FEET ROAD, HANUMANTHANAGAR,
BANGALORE - 18.
4. SMT.MANJULA,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O S.K.SATHYANARAYANA SETTY,
AGED ABOUT 56 YEARS,
R/AT BISINGI FLAT,
NEAR I.B.ANTHANI - 591 304,
BELGAUM DISTRICT.
5. SMT.K.C.NETRAVATHAMMA,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O C.N.JAYAPRAKASH,
AGED ABOUT 54 YEARS,
R/AT NO.701, "MATRUSHREE",
SRI KANNIKA PARAMESWARI TEMPLE STREET,
DAVANAGERE - 577 006.
6. SMT.K.C.INDRAVATHAMMA,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O C.R.MOHANKUMAR,
AGED ABOUT 52 YEARS,
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RFA No. 394 of 2014
R/AT 'ANUGRAHA',
POST OFFICE ROAD, K.B.EXTENSION,
DAVANAGERE - 577 006.
7. SMT.K.C.AMBA,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O V.NAGENDRAKUMAR,
AGED ABOUT 50 YEARS,
R/AT NO.696, "SHIVAKRUPA", 2ND CROSS,
BSK IST STAGE, 2ND BLOCK,
BANGALORE - 560 050.
8. SMT.K.C.BHAVANI,
D/O LATE K.N.CHANDRASHEKAR SETTY,
W/O S.R.RANGANATH,
AGED ABOUT 48 YEARS,
R/AT OPPOSITE HOUSE TO COURT
OF CIVIL JUDGE (JR.DN.)
MAGADI - 562 120,
RAMANAGARA DISTRICT.
9. K.C.SHIVAKUMAR,
S/O LATE K.N.CHANDRASHEKAR SETTY,
AGED ABOUT 46 YEARS,
NO.113, BIG BAZAR,
TIPTUR - 572 201,
TUMKUR DISTRICT.
10. RAGHU,
S/O JAVARAPPA,
AGED ABOUT 46 YEARS,
11. SMT.KALAMMA,
W/O LATE SHIVANNA,
AGED ABOUT 55 YEARS,
RESPONDENT NO.10 AND 11
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RFA No. 394 of 2014
BOTH ARE AT IN ONE OF THE
HOUSE SITUATED
BEHIND THE CHOULTRY WITHIN THE
MUNICIPAL KHATHA NO.577,
578 AND 579 OF TIPTUR TOWN,
B.H.ROAD, TIPTUR-572 201,
TUMKUR DISTRICT.
12. SMT.GANGAMMA,
W/O VITTAL RAO,
AGED ABOUT 50 YEARS,
13. RAMA RAO,
S/O VITTAL RAO,
AGED ABOUT 52 YEARS,
14. KESHAVACHAR,
S/O KHANDRACHAR,
AGED ABOUT 55 YEARS,
15. LAKSHMANA,
S/O HANUMANTHAPPA,
AGED ABOUT 48 YEARS,
16. T.K.CHIKKAMMA,
W/O T.HANUMANTHAPPA,
AGED ABOUT 52 YEARS,
17. V.M.KUMAR,
S/O VENKATASWAMAPPA,
AGED ABOUT 50 YEARS,
18. VENKATASWAMAIAH,
S/O KARIYAPPA,
AGED ABOUT 50 YEARS,
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19. NARASIMHAMURTHY,
S/O RANGAIAH,
AGED ABOUT 62 YEARS,
20. NAGARAJU,
S/O NARAYANAPPA,
AGED ABOUT 50 YEARS,
RESPONDENT NO.12 TO 20 ARE
R/AT HOUSES SITUATED
BEHIND THE CHOULTRY, B.H.ROAD,
TIPTUR-572 201,
TUMKUR DISTRICT.
21. H.V.KESHAVAMURTHY,
S/O H.VENKATACHALA SETTY,
AGED ABOUT 74 YEARS,
VAISYA, PROPRIETOR,
BALAJI ELECTRICAL STORES,
DODDAPET, TIPTUR - 572 201,
TUMKUR DISTRICT.
22. T.S.SATHISH BABU,
S/O J.A.SATYANARAYANA GUPTA,
AGED ABOUT 58 YEARS,
PROPRIETOR, SRI. RENUKA TRADERS,
RAILWAY STATION ROAD,
TIPTUR - 572 201,
TUMKUR DISTRICT.
23. T.S.PANDURANGASETTY,
S/O D.A.SATYANARAYANA SETTY,
AGED ABOUT 60 YEARS,
R/AT NO.16, RAMA MANDIRA ROAD,
TIPTUR - 572 201,
TUMKUR DISTRICT.
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RFA No. 394 of 2014
24. G.N.SATISH KUMAR,
S/O G.R.NARAJA SETTY,
AGED ABOUT 50 YEARS,
R/AT S.K.P. TEMPLE ROAD,
TIPTUR - 572 201,
TUMKUR DISTRICT.
25. T.S.SURESHKUMAR,
S/O T.SATYANARAYANA SETTY,
AGED ABOUT 62 YEARS,
PRESENT SECRETARY OF
ARYA VYSYA MANDALI,
SRI KANNIKA PARAMESHWARI TEMPLE,
TIPTUR - 572 201,
TUMKUR DISTRICT.
...RESPONDENTS
(BY SRI.ARUN K.S., ADVOCATE FOR R1, R4, R7, R8, R9
[R1(a TO d) ARE NOT PARTIES IN THIS APPEAL];
SRI.JAGADEESH P., ADVOCATE FOR R4(a TO c);
[R4(a TO c) ARE NOT PARTIES IN THIS APPEAL];
SRI.H.N.BASAVARAJ, ADVOCATE FOR R3 & R8;
R11, R17, R20, R21 TO R25 ARE SERVED)
THIS RFA IS FILED U/SEC.96, R/W O-41, RULE-1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
22.11.2011 PASSED IN O.S.2/1994 ON THE FILE OF THE II-
ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR,
DISMISSING THE SUIT FOR APPOINTMENT OF NEW TRUSTEES
AND DECLARATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants has filed a memo stating
that subject matter of appeal is settled out of Court and in view
of same, appeal may be dismissed as withdrawn.
NC: 2024:KHC:24873
Memo is taken on record.
Appeal is dismissed as withdrawn.
In view of dismissal of appeal, Registry note is rendered
infructuous.
Sd/-
JUDGE
MKM
