Karnataka High Court
Sri Venkatesha Nayak vs Sri Manjunatha Bhandary on 29 May, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR SECOND APPEAL NO. 2177 OF 2017 (PAR)
C/W
REGULAR SECOND APPEAL NO. 2178 OF 2017(POS)
REGULAR SECOND APPEAL NO. 2179 OF 2017(POS)
REGULAR SECOND APPEAL NO. 2180 OF 2017(POS)
REGULAR SECOND APPEAL NO. 2181 OF 2017(POS)
IN RSA NO.2177/2017
BETWEEN:
SRI. VENKATESHA NAYAK,
S/O SHESHAGIRI NAYAK,
R/AT PARAMPALLI VILLAGE,
SALIGRAMA POST,
Digitally UDUPI TAUK - 576 101
signed by V
...APPELLANT
KRISHNA
Location: (BY SRI. N. JAGADISH BALIGA, ADVOCATE)
High Court
of Karnataka AND:
SRI. VITTAL BHANDARY,
AGED ABOUT 65 YEARS,
S/O KORAGA BHANDARY,
PRABHATH HAIR DRESSES,
D.NO.3/87-1, KARANTHA BEEDI,
CHITRAPADY VILLAGE,
SALIGRAMA POST,
-2-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
UDUPI DISTRICT - 576 101.
...RESPONDENT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DATED:26.07.2017 PASSED IN
R.A.NO. 06/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA DISMISSING THE APPEAL AND AFFIRMING THE
JUDGMENT AND DECREE DATED:29.09.2015 PASSED IN
OS.NO.243/2009 ON THE FILE OF THE II ADDL.CIVIL JUDGE
AND JMFC., KUNDAPURA.
IN RSA NO.2178/2017
BETWEEN:
SRI. VENKATESHA NAYAK,
AGED ABOUT 51 YEARS,
S/O SHESHAGIRI NAYAK,
R/AT PARAMPALLI VILLAGE,
SALIGRAMA POST,
UDUPI TAUK - 576 101
...APPELLANT
(BY SRI. N. JAGADISH BALIGA, ADVOCATE)
AND:
SRI. NARAYANA MADIVALA
AGED ABOUT 77 YEARS,
S/O VENKATA MADIVALA
WASHING AND IRONING SHOP D.NO.3-87/3
OF KARANTHA BEEDI,
CHITRAPADY VILLAGE,
SALIGAMA POST
-3-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
UDUPI DISTRICT - 576 101.
RESPONDENT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DATED:26.07.2017 PASSED IN
R.A.NO. 02/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA DISMISSING THE APPEAL AND AFFIRMING THE
JUDGMENT AND DECREE DATED:07.10.2015 PASSED IN
OS.NO.244/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND JMFC., KUNDAPURA.
IN RSA NO.2179/2017
BETWEEN:
SRI. VENKATESHA NAYAK,
AGED ABOUT 51 YEARS,
S/O SHESHAGIRI NAYAK,
R/AT PARAMPALLI VILLAGE,
SALIGRAMA POST,
UDUPI TAUK - 576 101
...APPELLANT
(BY SRI. N. JAGADISH BALIGA, ADVOCATE)
AND:
SRI. SHANKARA ACHARYA
S/O. PUTTAYYA ACHARYA,
SHANKARA ACHARYA JEWELERS,
KARANTHA BEEDI,
CHITRAPADY VILLAGE,
SALIGRAMA POST, UDUPI TALUK 576101
RESPONDENT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
-4-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DATED:26.07.2017 PASSED IN
R.A.NO. 05/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA DISMISSING THE APPEAL AND AFFIRMING THE
JUDGMENT AND DECREE DATED:29.09.2015 PASSED IN
OS.NO.245/2009 ON THE FILE OF THE II ADDL. CIVIL JUDGE
AND JMFC., KUNDAPURA.
IN RSA NO.2180/2017
BETWEEN:
SRI. VENKATESHA NAYAK,
AGED ABOUT 51 YEARS,
S/O SHESHAGIRI NAYAK,
R/AT PARAMPALLI VILLAGE,
SALIGRAMA POST,
UDUPI TAUK - 576 101
...APPELLANT
(BY SRI. N. JAGADISH BALIGA, ADVOCATE)
AND:
SRI. MANJUNATHA BHANDARY
AGED ABOUT 45 YEARS,
S/O BUDIYA BHANDARY
MAHESH HAIR DRESSES
D.NO.3/87, KARANTHA BEEDI,
CHITRAPADY VILLAGE,
SALIGRAMA POST,
UDUPI DISTRICT - 576 101.
RESPONDENT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
-5-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DATED:26.07.2017 PASSED IN
R.A.NO. 01/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA DISMISSING THE APPEAL AND AFFIRMING THE
JUDGMENT AND DECREE DATED:07.10.2015 PASSED IN
OS.NO.246/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND JMFC., KUNDAPURA.
IN RSA NO.2181/2017
BETWEEN:
SRI. VENKATESHA NAYAK,
AGED ABOUT 51 YEARS,
S/O SHESHAGIRI NAYAK,
R/AT PARAMPALLI VILLAGE,
SALIGRAMA POST,
UDUPI TAUK - 576 101
...APPELLANT
(BY SRI. N. JAGADISH BALIGA, ADVOCATE)
AND:
SRI. SAHADEVA POOJARY
AGED ABOUT 52 YEARS,
S/O KANNAPPA POOJARY,
DEEPA BAKERY,
D.NO.3/87-4, KARANTHA BEEDI,
CHITRAPADY VILLAGE,
SALIGRAMA POST,
UDUPI DISTRICT - 576 101.
RESPONDENT
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
-6-
NC: 2024:KHC:17982
RSA No. 2177 of 2017
C/W RSA No. 2178 of 2017
RSA No. 2179 of 2017
RSA No. 2180 of 2017
RSA No. 2181 of 2017
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DATED:26.07.2017 PASSED IN
R.A.NO. 01/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA DISMISSING THE APPEAL AND AFFIRMING THE
JUDGMENT AND DECREE DATED:29.09.2015 PASSED IN
OS.NO.247/2009 ON THE FILE OF THE II ADDITIONAL CIVIL
JUDGE AND JMFC., KUNDAPURA.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
All the above appeals are filed by the same appellant.
Learned counsel for the appellant has filed a memo
seeking to withdraw the above appeals.
2. Placing the Memos filed in all the above appeals, the
said appeals are dismissed as withdrawn.
3. In view of dismissal of all the above appeals,
pending interim applications in MFA No.2179/2017 also
stand disposed of.
Sd/-
JUDGE
NG
List No.: 1 Sl No.: 60 CT:SNN
