Karnataka High Court
Shri C K Srinivasamurthy vs Smt S K Saraswathamma on 24 July, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:29160
RFA No. 1698 of 2020
C/W RFA No. 1696 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 1698 OF 2020 (INJ)
C/W
REGULAR FIRST APPEAL NO. 1696 OF 2020
IN RFA NO.1698/2020
BETWEEN:
1. SHRI C K SRINIVASAMURTHY
S/O SRI KRISHNAMURTHY
AGED 52 YEARS,
KOTTAI MARIYAMMAN KOVIL PIRIVU
NO.18/194, FIRST AGRAHARAM
SALEM-636001
PRESENTLY RESIDING AT
"SHRI AISHWARYAM"
NO.4/132, ASHOK NAGAR,
SENGUTTAI ROAD
KONDDAPANAYAKANPATTI
Digitally signed by
SUMITHRA R SALEM-636008.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
COMMON IN BOTH CASE
(BY SRI. DIVYATEJ H.N. ADVOCATE)
AND:
1. SMT S K SARASWATHAMMA
W/O S B KRISHNAMURTHY
AGED ABOUT 90 YEARS,
R/AT NO.1/1 RAGHAVENDRA COLONY
5TH MAIN, 3RD CROSS,
CHAMRAJPET, BENGALURU-560018
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NC: 2024:KHC:29160
RFA No. 1698 of 2020
C/W RFA No. 1696 of 2020
SMT A N THREJAVATHI
W/O SRI A B NARAYANA
AGED ABOUT 75 YEARS,
R/AT NO.39,
VENKATAPPA STREET
CHIKKAMAVALLI
BENGALURU-560004
SINCE DECEASED BY LRS
SRI A N RAMNATH BABU
S/O LATE SRI A B NARAYANA
AGED ABOUT 51 YEARS,
SINCE DECEASED BY HIS LRS
2. SMT. BHAGYALAKSHMI
AGED ABOUT 68 YEARS
3. SRI A R KARTHICK
AGED ABOUT 45 YEARS
4. SMT GEETHA V
D/O LATE SRI A B NARAYANA
AGED ABOUT 55 YEARS
2 TO 4 ARE R/AT NO.39,
VENKATAPPA STREET
CHIKKAMAVALLI
BENGALURU-560004.
5. SMT P DEVI
W/O SRI M PRABHAKAR
AGED ABOUT 70 YEARS,
NO.74/14, SHANKARALAYAM LAYOUT
LIVO COLONY, SELAM-636001
6. SMT CHANDRA W/O LATE SRI PACHAPPA
AGED ABOUT 58 YEARS,
R/AT NO.31/15, KODANDARAMA LAYOUT
ANNASWAMY MUDALIAR ROAD
BENGALURU-560042.
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NC: 2024:KHC:29160
RFA No. 1698 of 2020
C/W RFA No. 1696 of 2020
7. THE SUB REGISTRAR
HALASURU
BENGALURU-560008.
8. THE STATE OF KARNATAKA
BY SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
MULTI STORIED BUILDING
BENGALURU-560001
...RESPONDENTS
COMMON IN BOTH CASE
(BY SRI. SHARAN L JAIN, ADVOCATE FOR R2 TO R6
R7 SERVED AND UNREPRESENTED)
RFA NO.1698/2020 IS FILED UNDER SECTION 96 READ
WITH ORDER 41 RULE 1 OF CPC TO SET ASIDE THE JUDGMENT
AND DECREE DATED 02.06.2020 PASSED BY THE XXVI
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, MAYOHALL,
BENGALURU, DECREEING THE SUIT IN O.S.NO.25839/2010
AND ETC.
RFA NO.1696/2020 FILED UNDER SEC.96 R/W. ORDER 41
RULE 1 OF CPC., TO SET ASIDE THE JUDGMENT AND DECREE
DATED 02.06.2020 PASSED BY THE XXVI ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, MAYOHALL, BENGALURU,
DISMISSING THE COUNTER CLAIM OF THE APPELLANT
AGAINST THE RESPONDENTS IN O.S.NO.25839/2010 AND
DECREE THE SAME.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:29160
RFA No. 1698 of 2020
C/W RFA No. 1696 of 2020
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)
1. Learned counsel Sri Ashok B. Patil, appearing on behalf
of the appellant in both the appeals has filed a memo seeking
retirement.
2. Memo is placed on record. Sri Ashok B. Patil, learned
counsel is permitted to retire from the case.
3. Sri Divyatej H.N., learned counsel, who has filed vakalat
on behalf of the appellant has filed memo in both the appeals
seeking withdrawal of the appeals as not pressed.
4. Memos are placed on record.
5. The appeals are dismissed as withdrawn.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
TL
