Karnataka High Court
D Srinivasa Rao vs Sri D Narayana Rao on 30 May, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18665
RSA No. 1278 of 2012
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. 1278 OF 2012 (PAR)
BETWEEN:
D. SRINIVASA RAO
S/O D. NARAYANA RAO,
AGED ABOUT 56 YEARS
3RD MAIN, 13TH CROSS,
RAJARAM COLONY,
NEAR SRI. RAMA MANDIRA,
HARIHAR - 577 601.
...APPELLANT
(BY SRI. M.R. HIREMATHAD, ADVOCATE)
AND:
1. SRI. D. NARAYANA RAO
S/O D. VITTOBA RAO VITTOBANNA
Digitally
signed by AGED ABOUT 81 YEARS
MALATESH
KC R/O BHARATH OIL MILL COMPOUND
Location: MATTUN MARKET ROAD,
HIGH
COURT OF HARIHAR
KARNATAKA
2. SMT. RATHNAMALA
D/O D. NARAYANA RAO
W/O T.V. NAMADEV,
HOUSE WIFE,
AGED ABOUT 58 YEARS,
R/O 3RD MAIN, 13TH CROSS,
RAJARAM COLONY, HARIHAR 577 601
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RSA No. 1278 of 2012
3. SMT. GIRIJABAI
D/O D. NARAYANA RAO
W/O B.G. JAGADEESH KUMAR,
HOUSE WIFE,
AGED ABOUT 48 YEARS
SRINIDHI SHOW ROOM,
CLOTH MERCHARNT,
R/O MAIN ROAD, ANAVATTI VILLAGE,
SORABA TALUK,
SHIMOGA DISTRICT 577413
4. SRI. ARUNA KUMAR
S/O D. NARAYANA RAO
AGED ABOUT 46 YEARS
R/O 2ND MAIN, 9TH CROSS,
HIGH SCHOOL EXTENSION
HARIHAR 577 601.
5. SMT. SUJATHA
D/O D. NARAYANA RAO,
W/O LATE PUNDALEEKA RENUKE,
AGED ABOUT 44 YEARS
HOUSE WIFE,
R/O ULLAGADDI ONI,
DHARWAD 580 001
6. SMT. SAVITHA
D/O D. NARAYANA RAO,
W/O VITTAL
AGED ABOUT 43 YEARS
R/O VITTOBHA CLOTH STORES,
MAIN ROAD, JADE VILLAGE,
SORABA TALUK,
SHIMOGA DISTRICT 577 419.
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RSA No. 1278 of 2012
7. SMT. NETRAVATHI
D/O D. NARAYANA RAO,
W/O RAVI, HOUSE WIFE,
AGED ABOUT 41 YEARS
R/O RAVI PHOTO STUDIO
MAIN ROAD, BANAVASI
SIRSI TALUK,
KARWAR DISTRICT - 581 318.
8. SMT. RUPA
D/O D. NARAYANA RAO,
W/O ADHI NARAYANA BINGE,
HOUSE WIFE,
AGED ABOUT 33 YEARS
R/O HOUSE NO. B/3,
AGRICULTURE UNIVERSITY COLONY,
NEAR LADIES HOSTEL
DHARWAD 580 001
9. SRI. MANJUNATHA
S/O D. NARAYANA RAO,
AGED ABOUT 31 YEARS
R/O BHARATH OIL MILL COMPOUND
MATTUN MARKET ROAD,
HARIHAR,
ADDL ADDRESS:
PAWAN PHOTO STUDIO
1ST MAIN, 1ST CROSS,
HIGH SCHOOL EXTENSION
HARIHAR.
10. SMT. SHILPA
D/O D. NARAYANA RAO,
W/O MANJUNATHA BONGALE,
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RSA No. 1278 of 2012
AGED ABOUT 26 YEARS
R/O # 265M, RBI QUARTERS
MYSORE 570 001.
11. SRI. D. TUKARAM RAO
S/O D. NARAYANA RAO,
AGED ABOUT 54 YEARS
PHARMACIST, R/O 5TH MAIN,
12TH CROSS, HIGH SCHOOL EXTENSION
HARIHAR 577 601.
12. SRI. D. ASHOK KUMAR
S/O D. NARAYANA RAO,
AGED ABOUT 52 YEARS
R/O 1ST MAIN, 1ST CROSS,
HIGH SCHOOL EXTENSION
HARIHAR 577 601.
13. SRI. GOWDARA MARULA SIDDAPPA
S/O SHIVALINGAPPA
MAJOR,
AGRICULTURIST
R/O BEVINAHALLI VILLAGE
HARIHAR TALUK 583 125.
14. GOWDARA JAYADEVAPPA
S/O SHIVALINGAPPA
MAJOR, AGRICULTURIST
R/O BEVINAHALLI VILLAGE
HARIHAR TALUK 583 125.
...RESPONDENTS
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED:05.04.2012 PASSED IN
R.A.NO.44/2009 ON THE FILE OF II ADDITIONAL DISTRICT
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NC: 2024:KHC:18665
RSA No. 1278 of 2012
JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND
CONFIRMING THE ORDERS DATED:9.8.2007 PASSED IN
FDP.NO.12/05 ON THE FILE OF CIVIL JUDGE (SR.DN.),
HARIHAR, ALLOWING THE FDP FILED U/O-26, RULE-13, R/W
SEC 151 CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking permission of this court to withdraw the appeal. The
memo reads as under:
There is a instructions b the appellant
that the dispute between the parties has been
settled out of the court.
Wherefore, this Hon'ble court may
kindly be pleased to grant permission to withdraw
the above petition in the interest of justice and
equity.
2. In view of the memo, the appeal stands dismissed
as withdrawn as the matter is settled out of court.
Sd/-
JUDGE
SS
