Citation : 2024 Latest Caselaw 15184 Kant
Judgement Date : 1 July, 2024
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NC: 2024:KHC:24339-DB
RFA No. 477 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 477 OF 2024 (SP)
BETWEEN:
1. SMT. S.N. SHANTHAMMA,
WIFE OF LATE B L GOVINDAPPA,
AGED ABOUT 80 YEARS,
RESIDING AT SHANTHALA MARBLES AND GRANITES
KEB ROAD, KOTHI THOPPU, TUMAKURU TOWN,
PIN CODE - 572 101.
2. SRI G JAGADEESH,
SON OF LATE B L GOVINDAPPA,
AGED ABOUT 54 YEARS,
RESIDING AT SHANTHALA MARBLES
AND GRANITES, KEB ROAD,KOTHI THOPPU,
TUMAKURU TOWN, PIN CODE - 572 101.
Digitally 3. SRI N RAGHAVENDRA,
signed by C
HONNUR SAB SON OF LATE B L GOVINDAPPA,
Location: AGED ABOUT 44 YEARS,
HIGH COURT RESIDING AT SHANTHALA MARBLES AND GRANITES,
OF KEB ROAD, KOTHI THOPPU, TUMAKURU TOWN,
KARNATAKA PIN CODE - 572 101.
4. SRI G MAMATHA,
DAUGHTER OF LATE B L GOVINDAPPA,
AGED ABOUT 57 YEARS,
RESIDING AT SHANTHALA
MARBLES AND GRANITES,
KEB ROAD, KOTHI THOPPU,TUMAKURU TOWN,
PIN CODE - 572 101.
...APPELLANTS
(BY SRI P M GOGI, ADVOCATE FOR
SRI SIDDAMALLAPPA P M, ADVOCATE)
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NC: 2024:KHC:24339-DB
RFA No. 477 of 2024
AND:
1. SMT. HULLURAMMA,
DAUGHTER OF LATE LAKSHMAIAH,
AGED ABOUT 58 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
2. SMT JAYAMMA
DAUGHTER OF LATE LAKSHMAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
3. SRI MANGALAMMA,
DAUGHTER OF LATE LAKSHMAIAH,
AGED ABOUT 54 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
4. SRI PRAKASH,
SON OF LATE LAKSHMAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
5. SRI PRATHAP,
SON OF PRAKASH,
AGED ABOUT 41 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
6. SRI VIJAY,
SON OF PRAKASH,
AGED ABOUT 28 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
7. SRI NATARAJU,
SON OF LATE LAKSHMAIAH
AGED ABOUT 48 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
8. SRI ANUSHA
DAUGHTER OF NATARAJ
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NC: 2024:KHC:24339-DB
RFA No. 477 of 2024
AGED ABOUT 29 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
9. SRI PARAMESH,
SON OF LATE LAKSHAMIAH
AGED ABOUT 46 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
10. SRI CHANDAN,
SON OF PARAMESH
AGED ABOUT 28 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
11. SRI CHETHAN,
SON OF PARAMESH,
AGED ABOUT 28 YEARS,
RESIDING AT NEAR OLD TILES FACTORY,
KOTHI THOPPU, TUMAKURU, PIN CODE - 572 101.
12. SRI H R VENKATESH,
SON OF LATE RANGAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT BESIDE THE HOUSE OF AUDITOR
CHANDRA BOSE, 2ND CROSS, BATAWADI,
TUMAKURU, PIN CODE - 572 101.
13. SRI T C RAJANNA,
SON OF CHIKKANNA,
AGED ABOUT 68 YEARS,
RESIDING NEARBY NH-4 ROAD,
SATHYA MANGALA, KASABA HOBLI,
TUMAKURU, PIN CODE - 572 105.
...RESPONDENTS
(BY SRI K N NITISH, ADVOCATE FOR R4 TO R11,
R13 IS SERVED BUT UNRPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND
DECREE DATED 08.11.2023 PASSED IN OS.NO.61/2014 ON
THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, TUMAKURU, DISMISSING THE SUIT FOR SPECIFIC
PERFORMANCE.
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NC: 2024:KHC:24339-DB
RFA No. 477 of 2024
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellants has filed a
memo seeking to withdraw the appeal.
2. Memo is taken on record.
3. Accordingly, the appeal is dismissed as
withdrawn.
4. Registry is directed to refund the Court fee after
proper identification.
Sd/-
JUDGE
Sd/-
JUDGE
GVP
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