Smt Mala vs Basavalingaiah
2024 Latest Caselaw 18643 Kant

Karnataka High Court

Smt Mala vs Basavalingaiah on 25 July, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                             -1-
                                                            NC: 2024:KHC:29380
                                                       RSA No. 414 of 2017




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF JULY, 2024

                                            BEFORE
                           THE HON'BLE MR JUSTICE K.NATARAJAN
                  REGULAR SECOND APPEAL NO. 414 OF 2017 (DEC/INJ)
                 BETWEEN:

                       SMT. MALA,
                       D/O LATE DEVANNA,
                       W/O MAHADEVU,
                       AGED ABOUT 43 YEARS,
                       R/AT LALITHADRIPURA VILLAGE,
                       VARUNA HOBLI,
                       MYSURU TALUK & DISTRICT - 570 010.

                                                                  ...APPELLANT
                 (BY SRI. P. NATARAJU., ADVOCATE)

                 AND:

                       BASAVALINGAIAH,
                       SINCE DEAD BY LR'S
Digitally
signed by        1.    SRI. NAGARAJU,
YAMUNA K L             S/O LATE BASAVALINGAPPA
Location: High         AGED ABOUT 47 YEARS.
Court of
Karnataka        2.    SRI. PAPANNA,
                       S/O LATE BASAVALINGAPPA,
                       AGED ABOUT 44 YEARS.

                 3.    SRI. KUMARA,
                       S/O LATE BASAVALINGAPPA,
                       AGED ABOUT 40 YEARS.
                       RESPONDENTS NO.1 TO 3 ARE
                       R/AT LALITHADRIPURA VILLAGE,
                       VARUNA HOBLI,
                       MYSURU TALUK AND DISTRICT - 570 010.
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                                      NC: 2024:KHC:29380
                                    RSA No. 414 of 2017




4.   SRI. SIDDAPPA,
     S/O LATE DYAVAIAH @ PAPAIAH,
     AGED ABOUT 70 YEARS.

5.   SMT. SHIVAMMA,
     W/O SIDDAPPA,
     AGED ABOUT 64 YEARS.

6.   SRI. MANJUNATHA,
     S/O SIDDAPPA,
     AGED ABOUT 32 YEARS.

7.   SRI. LINGARAJU,
     S/O SIDDAPPA,
     AGED ABOUT 31 YEARS.

8.   SRI. UMESHA,
     S/O SIDDAPPA,
     AGED ABOUT 29 YEARS.
     RESPONDENT NOS.4 TO 8 ARE R/AT
     LALITHADRIPURA VILLAGE,
     VARUNA HOBLI,
     MYSURU TALUK AND DISTRICT - 570 010.

9.   MANILAL DHAMKI THAKKER,
     S/O DHAMJI THAKKER,
     AGED ABOUT 72 YEARS.

10. SRI. ASHWINI M. THAKKAR,
    S/O MOHAN LAL,
    AGED ABOUT 46 YEARS.

     RESPONDENT NOS.9 AND 10 ARE
     R/AT D.NO.113, 1 ST FLOOR,
     SANGEETHA ENCLAVE,
     NEHRU ROAD, MULUND,
     WEST MUMBAI - 400 080,
     MAHARASHTRA STATE.

                                         ...RESPONDENTS

(RESPONDENT NOS.1 TO 8 ARE SERVED, UNREPRESENTED.)
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                                               NC: 2024:KHC:29380
                                          RSA No. 414 of 2017




     THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO CALL FOR THE RECORDS AND SET-ASIDE THE
JUDGMENT AND DECREE PASSED BY THE LEARNED VII ADDL.
DISTRICT JUDGE AT MYSURU IN R.A.NO.109/2015, DATED
29.08.2016 AND THE JUDGMENT AND DECREE PASSED BY THE
LEARNED II ADDL. SENIOR CIVIL JUDGE AT MYSURU IN
O.S.NO.153/2007 DATED 20.02.2015 AND MAY BE PLEASED
TO DECREE THE SUIT AS PRAYED FOR BY ALLOWING THIS
APPEL, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE K.NATARAJAN


                     ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

2. Memo is placed on record.

3. The appeal is accordingly dismissed as

withdrawn.

Sd/-

(K.NATARAJAN) JUDGE