Karnataka High Court
Sri Siddagangappa vs Smt Laxmamma on 30 May, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18407
RSA No. 2733 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 2733 OF 2007 (INJ)
BETWEEN:
1. SRI. SIDDAGANGAPPA,
SINCE DECEASED
REP. BY HIS LRS.
1(A). SMT. JAYAMMA
W/O SIDDAGANGAPPA,
MAJOR.
1(B). SMT. SAVITRAMMA
W/O Y.C. NANJUNDAIAH,
MAJOR.
BOTH ARE R/OF
YELIYUR HUTHRIDURGA HOBLI,
KUNIGAL TALUK.
Digitally
signed by R
MANJUNATHA
Location: 1(C). SRI. KUMAR
HIGH COURT
OF S/O LATE. SIDDAGANGAPPA, MAJOR
KARNATAKA
1(D). SRI. RAVI,
S/O LATE. SIDDAGANGAPPA,
MAJOR,
SINCE DECEASED BY HIS LRS.,
1(D)(I). SMT. SARALA
AGED ABOUT 27 YEARS
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RSA No. 2733 of 2007
W/O. LATE. RAVI.
1(D)(II). MASTER DHAVAN GOWDA,
AGED ABOUT 09 YEARS
S/O. LATE. RAVI,
SINCE MINOR REPRESENTED BY
HIS MOTHER AND NATURAL GUARDIAN
SMT. SARALA.
1(E). SRI. SURESHA,
S/O LATE. SIDDAGANGAPPA,
MAJOR
1(F). SMT. YASHODAMMA
D/O LATE. SIDDAGANGAPPA,
MAJOR.
APPELLANTS 1(C) TO 1(F) ARE
R/OF KALKERE,
THIPPASANDRA HOBLI,
MAGADI TALUK.
2. SRI. RAMACHANDRAIAH
S/O NARAYANAPPA,
MAJOR
3. SMT. NANJAMMA
W/O KRISHNAMURTHY
MAJOR.
APPELLANT NO.2 AND 3 ARE
DELETED AS PER THE COURT ORDER DATED
07.06.2018
...APPELLANTS
(BY SRI. C. PRAKASH, ADVOCATE FOR A1(A-C),
A1(D) (1 AND 2), A1( E AND F).
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NC: 2024:KHC:18407
RSA No. 2733 of 2007
AND:
1. SMT. LAXMAMMA,
SINCE DECEASED
REP. BY HER LRS.
1(A). SMT. NARASAMMA
W/O LATE T.G. KRISHNAMURTY
MAJOR,
R/O PANDURANGA NAGARA,
TUMKUR.
1(B). SMT. LAXMAMMA,
W/O LATE T.G., KRISHNAMURTHY,
MAJOR
R/O B.M. ROAD, KUNIGAL,
TUMKUR DISTRICT.
1(C). SMT. SOWBHAGYAMMA,
W/O LATE THIMMAIAH,
MAJOR,
R/O BETAVADI,
TUMKUR.
1(D). SRI. NARASIMHAMURTHY,
S/O NARAYANAPPA,
MAJOR,
R/O YELIYUR,
HURTHIDURGA HOBLI,
KUNIGAL TALUK.
1(E). SRI. LAXMINARASIMAIAH
S/O LATE NARAYANAPPA,
MAJOR,
R/O YELIYUR,
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NC: 2024:KHC:18407
RSA No. 2733 of 2007
HURTHIDURGA HOBLI,
KUNIGAL TALUK.
1(F). SMT. JAYAMMA,
W/O LATE LAXMINARASIMAIAH,
MAJOR,
R/O THIRUMALA,
MAGADI TOWN.
1(G). SMT. SAKAMMA,
W/O RAMAIAH,
MAJOR,
R/O BELLAVI, MAGADI TOWN.
1(H). SMT YASHODAMMA,
W/O RANGANATHAPPA,
MAJOR,
R/O KURANAKOTE,
KORATAGERE TALUK.
1(I). SRI. KRISHNAMURTHY,
S/O LATE NARAYANAPPA,
MAJOR,
YELIYUR, HUTHRIDURGA HOBLI,
KUNIGAL TALUK.
2. SMT. T.K. ANASUYAMMA
W/O. LATE. RAMACHANDRAIAH
AGED ABOUT 65 YEARS.
3. Y.R. KANTHARAJ
S/O. LATE. RAMACHANDRAIAH
AGED ABOUT 40 YEARS
BOTH ARE RESIDING AT
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NC: 2024:KHC:18407
RSA No. 2733 of 2007
KUMBINARASAYYA HOUSE,
NEAR ANIKETHANA SCHOOL,
GNANA SUNDRAYYA LAYOUT,
NAGANNANAPALYA, SIAR GATE,
TUMKUR CITY - 572 101.
SMT. LEELAVATHI
W/O. RAMESH
AGED ABOUT 45 YEARS
RESIDING NEAR GANAPATHI TEMPLE,
4TH CROSS, SADASHIVANAGARA,
TUMKUR CITY - 572 101.
SMT. Y.R. PUSHPAVATHI,
W/O. VENKATESH
AGED ABOUT 41 YEARS
TUDA LAYOUT, NAGANNANAPALYA POST,
SIRA GATE, TUMKUR CITY - 572 101.
SMT. MANJAMMA,
W/O. LATE. KRISHNAPPA
NAGANNANAPALYA (POST)
SIRA GATE, TUMKUR
CITY - 572 101.
...RESPONDENTS
(BY SRI. KESHAVA S.P., ADVOCATE FOR R1(D);
SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R1(D) AND
R2 TO R6;
V/O DATED 25.08.2010, SERVICE OF NOTICE IS HELD
SUFFICIENT IN R/O R1(B-C, E, F, G AND I);
R1(A), R1(H) ARE SERVED;
V/O DATED 11.03.2016, QUESTION OF BRINGING LR'S OF
DECEASED R1(E) DOES NOT ARISE)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED:16.7.07 PASSED IN R.A.NO
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NC: 2024:KHC:18407
RSA No. 2733 of 2007
81/05 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN),
RAMANAGARAM, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 10.8.05 PASSED IN OS
30/89 ON THE FILE OF THE CIVIL JUDGE, (JR.DN), & JMFC.,
MAGADI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed an application
under Section 151 of Code of Civil Procedure, 1908 with a
prayer to withdraw the appeal, reserving liberty to approach
the trial court with a comprehensive suit. The application is
supported by the affidavit.
Accordingly, the appeal is dismissed as withdrawn.
Sd/-
JUDGE
SS
