Karnataka High Court
Smt Jayamma vs Smt Parvathamma on 9 May, 2024
-1-
NC: 2024:KHC:17158
RSA No. 778 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 778 OF 2024 (PAR)
BETWEEN:
1. SMT. JAYAMMA,
W/O MAHALINGAPPA
@ MAHALINGAIAH,
AGED ABOUT 66 YEARS.
2. SMT. SIDDAGANGAMMA,
W/O LATE SHIVALINGAIAH,
AGED ABOUT 62 YEARS,
3. SRI. H.S. MANJUNATH,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 42 YEARS,
4. SRI. H.S. DILIPKUMAR,
S/O LATE SHIVALINGAIAH,
AGED ABOUT 39 YEARS,
Digitally
signed by H
K HEMA 5. SRI. SIDDARAMAIAH,
Location: S/O LATE GANGANNA @ GANGAPPA,
High Court AGED ABOUT 63 YEARS,
of Karnataka
6. SRI. MAHADEVAIAIN,
S/O LATE GANGANNA @ GANGAPPA,
AGED ABOUT 56 YEARS,
7. SMT. RATHNAMMA,
W/O LATE YOGISH,
AGED ABOUT 41 YEARS,
8. SRI. NANDISH,
S/O LATE YAKARAJ,
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NC: 2024:KHC:17158
RSA No. 778 of 2024
AGED ABOUT 36 YEARS,
APPELLANTS 1 TO 8 ALL ARE
RESIDENTS OF HESARAHALLI VILLAGE
NITTUR HOBLI, GUBBI TALUK,
TUMKURU DISTRICT - 572 126.
...APPELLANTS
(BY SRI. MANU SHANKAR S.S, ADVOCATE)
AND:
1. SMT. PARVATHAMMA,
W/O LATE NAJUNDAIAH,
AGED ABOUT 81 YEARS,
2. SRI. H.N. GANGADHAR,
S/O LATE NANJUNDAIAH,
AGED ABOUT 52 YEARS,
3. SMT. VIJAYA,
D/O LATE NANJUNDAIAH,
AGED ABOUT 48 YEARS,
4. SRI. H.N. KUMARASWAMY,
S/O LATE NANJUNDAIAH,
AGED ABOUT 42 YEARS,
THE RESPONDENTS 1 TO 4 ARE
ALL RESIDENTS OF HESARAHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMKURU DISTRICT - 572 126.
5. SMT. H.S. VINOD,
D/O LATE SHIVALINGAIAH,
AGED ABOUT 37 YEARS,
RESIDENTS OF HESARAHALLI VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMKURU DISTRICT - 572 126.
6. SMT. RUDRAMMA,
W/O LATE SHANMUKHAIAH,
-3-
NC: 2024:KHC:17158
RSA No. 778 of 2024
AGED ABOUT 61 YEARS,
RESIDENTS OF HESARAHALLI VILLAGE
NITTUR HOBLI, GUBBI TALUK
TUMKURU DISTRICT - 572 126.
...RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.02.2024 PASSED IN
RA NO.3/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL
AND SETTING ASIDE THE ORDER DATED 16.11.2022 PASSED
ON I.A.NO.V IN OS.NO.77/2022 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, GUBBI, ALLOWING THE I.A. NO. V
FILED UNDER ORDER VII RULE 11(d) OF CPC FOR REJECTION
OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
which reads as follows:
"The counsel for appellants prays that this
Hon'ble court be pleased to permit the appellants to
convert this regular Second appeal (RSA) in to
Miscellaneous second appeal (MSA) in the interest of
justice and equity"
NC: 2024:KHC:17158
2. In view of the same, the appellants are permitted to
convert the present Regular Second Appeal into a Miscellaneous
Second Appeal.
3. The present Regular Second Appeal is disposed off
for statistical purpose.
4. Learned counsel for the appellants to do the needful
regarding conversion before the Registry within two weeks.
SD/-
JUDGE
ABK
