Sri Chinnappa vs Smt Lakshamamma
2024 Latest Caselaw 12527 Kant

Karnataka High Court

Sri Chinnappa vs Smt Lakshamamma on 5 June, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                           NC: 2024:KHC:19407
                                                         RSA No. 1739 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JUNE, 2024

                                               BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                   REGULAR SECOND APPEAL NO. 1739 OF 2015 (PAR)
                   BETWEEN:

                   1.   SRI CHINNAPPA
                        S/O LATE BAJJAREDDY,
                        AGED ABOUT 68 YEARS,

                   2.   SMT NANJAMMA
                        W/O CHINNAPPA,
                        AGED ABOUT 58 YEARS,

                   3.   SRI NAGARAJU
                        S/O CHINNAPPA,
                        AGED ABOUT 35 YEARS,

                        ALL ARE R/O MADIVALA VILLAGE,
                        KASABA HOBLI,
                        MALUR TALUK,
                        KOLAR DISTRICT-563130.

Digitally signed                                                 ...APPELLANTS
by                 (BY SRI. B ROOPESHA.,ADVOCATE)
NARAYANAPPA
LAKSHMAMMA         AND:
Location: HIGH
COURT OF           1.   SMT LAKSHAMAMMA
KARNATAKA
                        W/O LATE VENKATARAMAPPA,
                        AGED ABOUT 55 YEARS,

                   2.   SMT KRISHNAMMA
                        W/O LATE NARAYANAPPA,
                        AGED ABOUT 53 YEARS,

                        BOTH ARE R/O MADIVALA VILLAGE,
                        KASABA HOBLI,
                        MALUR TALUK,
                        KOLAR DISTRICT-563130.
                                 -2-
                                               NC: 2024:KHC:19407
                                            RSA No. 1739 of 2015




                                                    ...RESPONDENTS

(BY SRI. PRITHVI RAJ B N., ADVOCATE FOR R1;
    R2-SERVED & UNREPRESENTED)

     THIS RSA FILED UNDER SEC.100 OF CPC., PRAYING TO CALL
FOR THE RECORDS IN O.S.NO.348/2007 FROM THE FILE OF THE II
ADDL. CIVIL JUDGE & JMFC AT MALUR AND IN R.A.NO.87/2012
FROM THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AT MALUR AND
ETC.

     THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

1. The appellants are before this Court seeking for the

following reliefs;

1. Call for the records in O.S.No.348/2007 from the file of the Addl. Civil Judge and JMFC at Malur and in R.A.No.87/2012 from the file of the Senior Civil Judge & JMFC at Malur.

2. Set aside the Judgment and Decree dated 08.07.2015 passed in Regular Appeal No.87/2012 on the file of the Senior Civil Judge and JMFC at Malur and Judgment and Decree Dated 06.10.2012 passed in O.S.No.348/2007 from the file of the II Addl. Civil Judge & JMFC at Malur and dismiss the suit.

3. Grant such other relief's as this Hon'ble Court deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.

2. Sri.B.Roopesh., learned counsel for the appellant

submits that the dispute between the parties have

NC: 2024:KHC:19407

been settled in the FDP proceedings and as such he

would not wish to press the above appeal.

3. Accepting the said submission, the above appeal is

dismissed as settled out of the Court.

Sd/-

JUDGE

SR