Gundappa vs Siddamma And Ors
2024 Latest Caselaw 12262 Kant

Karnataka High Court

Gundappa vs Siddamma And Ors on 3 June, 2024

                                              -1-
                                                    NC: 2024:KHC-K:3517
                                                     RSA No. 200226 of 2017




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH


                            DATED THIS THE 3RD DAY OF JUNE, 2024

                                           BEFORE

                          THE HON'BLE Mrs JUSTICE K S HEMALEKHA

                   REGULAR SECOND APPEAL NO. 200226 OF 2017 (PAR &
                                    SEP. POSS.)

                   BETWEEN:

                   GUNDAPPA S/O MALKAPPA MUDUBUL
                   AGED ABOUT: 62 YEARS,
                   OCC: AGRICULTURE,
                   R/O: BENKANAHALLI, TQ: SEDAM,
                   DIST: KALABURAGI.

                                                               ...APPELLANT
                   (BY SRI B. C. JAKA, ADVOCATE)

                   AND:

                   1.   HONNAMMA D/O LATE BASAWARAJ
Digitally signed        AGED ABOUT: 41 YEARS,
by SWETA
KULKARNI                OCC: AGRICULTURE,
Location: High          R/AT BENAKNALLI,
Court of
Karnataka               NOW R/AT: YADGA,
                        TQ: SEDAM-585222.

                   2.   MALLAPPA S/O NAGAPPA MUDUBUL
                        AGED ABOUT: 41 YEARS,
                        OCC: AGRICULTURE,
                        R/AT: BENAKNALLI, TQ: SEDAM-585222.

                   3.   DEVAKI W/O NARAYAN BOINOOR,
                        AGED ABOUT: 56 YEARS,
                        OCC: AGRICULTURE,
                        R/AT: HANUMANHALLI,
                               -2-
                                      NC: 2024:KHC-K:3517
                                       RSA No. 200226 of 2017




      TQ: SEDAM-585222.

4.    KAMALAMMA
      W/O SHIVASHARANAPPA HARKATTER
      AGED ABOUT:51 YEARS,
      OCC: AGRICULTURE,
      R/AT: KUTAMBURHALLI,
      TQ: CHITTAPUR-585211.

5.    KASHIBAI W/O RAMANNA GANIGERI
      AGED ABOUT: 41 YEARS,
      OCC: AGRICULTURE,
      R/AT: HANDARKI,
      TQ: SEDAM-585222.


                                              ...RESPONDENTS

(R3 AND R5-SERVED)

       THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO CALL
FOR THE RECORDS AND TO SET AISDE THE JUDGMENT AND
DECREE, DATED 03.01.2017, PASSED IN R.A. NO.38/2013, BY
THE    PRL.   DISTRICT   JUDGE   AT   KALABURAGI,   AND     THE
JUDGMENT AND DECREE, DATED 20.02.2013, PASSED IN O.S.
NO.25/2011,     BY   SENIOR   CIVIL   JUDGE   AT   SEDAM,    BY
ALLOWING THIS APPEAL; CONSEQUENTLY DISMISS THE SUIT
OF THE RESPONDENT NO.1 AND 2/PLAINTIFFS AND GRANT
SUCH OTHER RELIEF/S AS THIS COURT DEEMS FIT TO GRANT
TO THE APPELLANT IN THE CIRCUMSTANCES OF THE CASE
INCLUDING THE COSTS OF THE APPEAL.


       THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                      NC: 2024:KHC-K:3517
                                       RSA No. 200226 of 2017




                          JUDGMENT

Learned counsel for the appellant seeks to withdraw the

appeal and files a memo to that effect.

The memo is taken on record.

Appeal is dismissed as withdrawn.

Sd/-

JUDGE

SWK

CT:V D