Smt. Basamma W.O Late Mallikarjunappa vs Smt Rudramma W.O Late Maheswarappa
2024 Latest Caselaw 12368 Kant

Karnataka High Court

Smt. Basamma W.O Late Mallikarjunappa vs Smt Rudramma W.O Late Maheswarappa on 4 June, 2024

                                                  -1-
                                                        NC: 2024:KHC-D:7402
                                                          RSA No. 100358 of 2024




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 4TH DAY OF JUNE, 2024

                                             BEFORE

                             THE HON'BLE MR JUSTICE C.M. POONACHA

                    REGULAR SECOND APPEAL NO. 100358 OF 2024 (PAR/POS-)

                   BETWEEN:


                   1.   SMT. BASAMMA
                        W/O LATE MALLIKARJUNAPPA
                        AGE: 66 YEARS, OCC: HOUSEHOLD,

                   2.   HANUMANTHAPPA
                        S/O LATE MALLIKARJUNAPPA
                        AGE: 41 YEARS, OCC: AGRICULTURE

                        SURESH DEAD AND HIS LRS

                   3.   SMT. ROOPA W/O LATE SURESH
                        AGE: 46 YEARS, OCC: HOUSEHOLD,

                   4.   KUMARI USHA D/O SURESH
                        AGE: 5 YEARS, OCC: NIL,
Digitally signed
by SAROJA               (SINCE MINOR REPRESENTED HER NATURAL
HANGARAKI
Location: HIGH          MOTHER SMT. ROOPA W/O LATE SURESH)
COURT OF
KARNATAKA
DHARWAD            5.   SHILPA D/O LATE MALLIKARJUNAPPA,
BENCH                   AGE: 36 YEARS, OCC: NIL
DHARWAD
                        ALL ARE R/O KAKKARAGOLLA VILLAGE,
                        DAVANGERE TALUK AND DISTRICT - 577001.

                                                                    ...APPELLANTS


                   (BY SRI PRAKASH R. BADIGER, ADVOCATE)
                               -2-
                                    NC: 2024:KHC-D:7402
                                      RSA No. 100358 of 2024




AND:


1.
     SMT RUDRAMMA
     W/O LATE MAHESWARAPPA
     AGE: 61 YEARS,
     OCC: AGRICULTURE/HOUSEHOLD,
     R/O KAKKARAGOLLA VILLAGE,
     DAVANGERE TALUK AND DISTRICT - 577001.


2.
     SMT. SUMITRAMMA
     W/O LATE SHANMUKHAPPA
     AGE: 56 YEARS,
     OCC: AGRICULTURE/HOUSEHOLD
     R/O KAKKARAGOLLA VILLAGE,
     DAVANGERE TALUK AND DISTRICT - 577001.

                                               ...RESPONDENTS


       THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO ALLOW THE

RSA BY SETTING ASIDE THE JUDGMENT AND DECREE DATED

13.12.2022 IN R.A.No.41/2022 ON THE FILE OF SENIOR CIVIL

JUDGE AND CJM, DAVANGERE AND JUDGMENT AND DECREE DATED

07.03.2022 IN O.S.NO.151/2013 ON THE FILE OF THE CIVIL JUDGE

AND JMFC, DAVANAGERE.



       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
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                                         NC: 2024:KHC-D:7402
                                              RSA No. 100358 of 2024




                                ORDER

Learned counsel for the appellants has filed a memo

for withdrawal which reads as follows:

"MEMO FOR WITHDRAWAL The Advocate for the Appellants respectfully submits and states as under, The present appeal filed by the appellants is seeking to set aside the judgment and decree passed in OS No.151/2013, dated 07.03.2022 passed by the Civil Judge & JMFC, Davangere and confirmed in RA No.41/2022 dated 13.12.2022 by the Senior Civil Judge and CJM Davangere. The said appeal jurisdiction is at the Principal Bench, Bangalore, but due to oversight, the appellants have filed the present appeal before this Hon'ble Dharwad Bench. Therefore, hence the appellants prayed to withdraw the appeal with permission to file before the Principal Bench, Bangalore.

Hence the above appeal may be dismiss as not pressed to meet the interest of Justice."

In view of the aforementioned, the above appeal is

dismissed as withdrawn with liberty as sought for.

Sd/-

JUDGE