Karnataka High Court
K M Thimmarayappa vs Venkataswamy S/O Moogappa on 28 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:24569
RSA No. 1091 of 2012
C/W RSA No. 1092 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 1091 OF 2012 (INJ)
C/W REGULAR SECOND APPEAL NO. 1092 OF 2012
IN R.S.A.NO.1091/2012
BETWEEN:
1. K M THIMMARAYAPPA
S/O THOTI MUNIYAPPA
AGED ABOUT 63 YEARS
1(a) SRI K.T.RAVI
S/O LATE THIMMARAYAPPA
AGED ABOUT 50 YEARS
1(b) K.T.NARAYANASWAMY
S/O LATE THIMMARAYAPPA
AGED ABOUT 36 YEARS
BOTH ARE RESIDENTS OF
Digitally KODUR VILLAGE
signed by R KASABA HOBLI
MANJUNATHA
MALAUR TALUK - 563 130
Location:
HIGH COURT
OF 2. THIMMARAYAPPA
KARNATAKA
S/O SADAPPA
AGED ABOUT 53 YEARS,
R/O KODUR VILLAGE,
KASABA HOBLI,
MALUR TALUK-563 130
...APPELLANTS
(BY SRI M S VARADARAJAN AND SRI SANTHOSH, ADVOCATES)
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NC: 2024:KHC:24569
RSA No. 1091 of 2012
C/W RSA No. 1092 of 2012
AND:
1. VENKATASWAMY
S/O MOOGAPPA
AGED ABOUT 58 YEARS,
R/O BINGIPURA VILLAGE,
KASABA HOBLI,
MALUR TALUK-563 130
2. K THIMMARAYAPPA
S/O KEMPAIAH
AGED ABOUT 58 YEARS,
R/A KODUR VILLAGE,
KASABA HOBLI,
MALUR TALUK-563 130
...RESPONDENTS
(BY SRI K.SHRIHARI, ADVOCATE FOR C/R1)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 25.02.2012 PASSED IN
R.A.NO.47/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MALUR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 12.07.2006 PASSED IN
O.S.NO.16/1999 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE(JR.DVN) AT MALUR.
IN R.S.A.No.1092/2012
BETWEEN
1. K M THIMMARAYAPPA
S/O THOTI MUNIYAPPA
1(a) SRI K.T.RAVI
S/O LATE THIMMARAYAPPA
AGED ABOUT 50 YEARS
1(b) K.T.NARAYANASWAMY
S/O LATE THIMMARAYAPPA
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NC: 2024:KHC:24569
RSA No. 1091 of 2012
C/W RSA No. 1092 of 2012
AGED ABOUT 36 YEARS
BOTH ARE RESIDENTS OF
KODUR VILLAGE
KASABA HOBLI
MALUR TALUK - 563 130
...APPELLANTS
(BY SRI M S VARADARAJAN AND SRI SANTHOSH, ADVOCATES)
AND
1. VENKATASWAMY
S/O MOOGAPPA,
AGED ABOUT 58 YEARS,
R/O BINGIPURA VILLAGE,
KASABA HOBLI,
MALUR TALUK-563 130
2. MUNIYAPPA
S/O THIMMARYAPPA
AGED ABOUT 52 YEARS,
R/O BINGIPURA VILLAGE,
KASABA HOBLI,
MALUR TALUK-563 130
...RESPONDENTS
(BY SRI K.SHRIHARI, ADVOCATE FOR C/R1)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 25.02.2012 PASSED IN
R.A.NO.48/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MALUR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 12.07.2006 PASSED IN
O.S.NO.18/2001 ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE(JR.DVN), AT MALUR.
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NC: 2024:KHC:24569
RSA No. 1091 of 2012
C/W RSA No. 1092 of 2012
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
ORDER
Memo filed by proposed legal representatives of appellant
Nos.1 and 2.
Proposed legal representatives of appellant Nos.1 and 2
do not want to prosecute the appeal further. Memo reads as
under:
"Appellants along with L.Rs of the 1st respondent have
sold the suit schedule property in favour of Smt. R. Lalitha, wife
of Renukeshava vide registered sale deed dated 25.03.2024, as
such appellants have no subsisting interest in the subject
matter of the above RSA."
Hence, appellants respectfully pray that the above appeal
be dismissed as not pressed."
Accordingly, appeals stand dismissed as withdrawn.
Sd/-
JUDGE
MR
