Sri Javaregowda vs Sri Prabhakar
2024 Latest Caselaw 6294 Kant

Karnataka High Court

Sri Javaregowda vs Sri Prabhakar on 1 March, 2024

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                                                              NC: 2024:KHC:8916
                                                          RSA No. 1738 of 2014
                                                      C/W RSA No. 1895 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF MARCH, 2024

                                            BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                   REGULAR SECOND APPEAL NO. 1738 OF 2014 (INJ)
                                      C/W
                     REGULAR SECOND APPEAL NO. 1895 OF 2014


                   IN RSA 1738 OF 2014
                   BETWEEN:

                   SRI JAVAREGOWDA
                   S/O KEMPEGOWDA
                   AGED ABOUT 60 YEARS
                   R/AT DASARAHALLI VILLAGE
                   HIRISAVE HOBLI
                   CHANNARAYAPATNA TALUK
                   HASSAN DISTRICT - 573 116.
                                                                   ...APPELLANT
                   (BY SRI. GURURAJ R, ADVOCATE FOR
Digitally signed       SRI. AVINASH R., ADVOCATE)
by R DEEPA
Location: HIGH     AND:
COURT OF
KARNATAKA          1.    SRI PRABHAKAR
                         S/O CHIKKEGOWDA
                         AGED ABOUT 33 YEARS
                         R/AT DASARAHALLI VILLAGE
                         HIRISAVE HOBLI
                         CHANNARAYAPATNA TALUK
                         HASSAN DISTRICT - 573 116

                   2.    SRI DEVARAJU
                         S/O BOREGOWDA
                         AGED ABOUT 43 YEARS
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                                         NC: 2024:KHC:8916
                                     RSA No. 1738 of 2014
                                 C/W RSA No. 1895 of 2014



     R/AT DASARAHALLI VILLAGE
     HIRISAVE HOBLI
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT - 573 116
                                          ...RESPONDENTS
(BY MS. PRIYANKA S. ANGADI, ADVOCATE)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.10.2014 PASSED IN
R.A.NO.111/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE,
CHANNARAYAPATNA, PARTLY ALLOWING THE APPEAL AND
MODIFYING THE JUDGMENT AND DECREE DATED 01.10.2013
PASSED IN O.S.NO.94/2007 ON THE FILE OF THE ADDL. CIVIL
JUDGE AND JMFC., CHANNARAYAPATNA.

IN RSA 1895 OF 2014
BETWEEN:

1.   SRI PRABHAKAR
     S/O CHIKKEGOWDA
     AGED ABOUT 34 YEARS
     R/AT DASARAHALLI VILLAGE
     HIRESAVE HOBLI
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT - 573 116

2.   SRI DEVARAJU
     S/O BOREGOWDA
     AGED ABOUT 44 YEARS
     R/AT DASARAHALLI VILLAGE
     HIRESAVE HOBLI
     CHANNARAYAPATNA TALUK
     HASSAN DISTRICT - 573 116
                                             ...APPELLANTS
(BY MS. PRIYANKA S. ANGADI, ADVOCATE)
                              -3-
                                               NC: 2024:KHC:8916
                                       RSA No. 1738 of 2014
                                   C/W RSA No. 1895 of 2014



AND:

SRI JAVAREGOWDA
S/O KEMPEGOWDA
AGED ABOUT 62 YEARS
R/AT DASARAHALLI VILLAGE
HIRESAVE HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116.
                                                  ...RESPONDENT
(BY SRI. GURURAJ R., ADVOCATE)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.10.2014 PASSED IN
R.A.NO.111/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE,
CHANNARAYAPATNA, PARTLY ALLOWING THE APPEAL AND
MODIFYING THE JUDGMENT AND DECREE DATED 01.10.2013
PASSED IN O.S.NO.94/2007 ON THE FILE OF THE ADDL. CIVIL
JUDGE AND JMFC., CHANNARAYAPATNA.

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


                         JUDGMENT

After hearing the learned counsel for the appellant in

RSA.No.1738/2014, filed a memo seeking leave of the

Court to withdraw the appeal with a liberty to file a suit for

declaration.

2. Learned counsel for the appellant in

RSA.No.1895/2014, filed a memo seeking leave of the

Court to withdraw the appeal.

NC: 2024:KHC:8916

3. Memos are placed on record.

Accordingly, the appeals are dismissed as withdrawn.

Liberty is reserved in favour of the appellant in

RSA.No.1738/2014 to avail appropriate remedy available.

All the contentions of the parties are kept open, if

suit is filed by the plaintiff.

Sd/-

JUDGE

SSB