B H Ramakrishnappa vs D N Anil Kumar
2024 Latest Caselaw 26764 Kant

Karnataka High Court

B H Ramakrishnappa vs D N Anil Kumar on 8 November, 2024

                                                  -1-
                                                            NC: 2024:KHC:45295
                                                            RFA No.1968/2016
                                                        C/W RFA No.1969/2016



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 8TH DAY OF NOVEMBER, 2024
                                            BEFORE
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                    REGULAR FIRST APPEAL NO. 1968 OF 2016 (DEC/INJ)
                                              C/W
                    REGULAR FIRST APPEAL NO. 1969 OF 2016 (DEC/INJ)


                   IN R.F.A. No.1968/2016

                   BETWEEN:

                   1.    B.H. RAMAKRISHNAPPA
                         AGED ABOUT 72 YEARS
                         S/O DODDAHANUME GOWDA.

                   2.    R. CHANDRASHEKAR
                         AGED ABOUT 45 YEARS
                         S/O B.H.RAMAKRISHNAPPA.
Digitally signed
by RUPA V                BOTH R/O BIJJAVARA, VIJAYAPURA HOBLI
                         DEVANAHALLI TALUK-562110.
Location: HIGH
COURT OF
KARNATAKA                                                        ...APPELLANTS
                   (BY SRI. V.V. GUNJAL, ADV.,)


                   AND:

                   1.    D.N. ANIL KUMAR
                         S/O LATE D.V. NARAYAN SWAMY
                         AGED ABOUT 43 YEARS
                         R/O NO.29, 1ST FLOOR, 2ND CROSS
                         3RD MAIN, NEAR SOMESHWARA TEMPLE
                         CHIKKABOMMASANDRA
                         GKVK POST, BANGALORE-560065.
                            -2-
                                     NC: 2024:KHC:45295
                                     RFA No.1968/2016
                                 C/W RFA No.1969/2016



2.   THE SUB-REGISTRAR
     DEVANHALLI TALUKA
     DEVNAHALLI-562110.

3.   THE DISTRICT REGISTRAR
     BANGALORE RURAL DISTRICT
     NO.1702, ATHENI COMPLEX
     DR. RAJKUMAR ROAD
     PRAKASH NAGARA
     BANGALORE-560021.
                                        ...RESPONDENTS
     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO SET ASIDE JUDGMENT AND DECREE PASSED BY A
COMMON JUDGMENT AND BY SENIOR CIVIL JUDGE AND JMFC
DEVANAHALLI, BANGALORE RURAL DIST AND THE DECREE
PASSED O.S.NO.603/2011 (OLD NO.63/2006) DATED 19TH
AUGUST 2006, JUDGMENT PASSED DATED 19TH AUGUST 2016,
IN THE INTEREST OF JUSTICE AND EQUITY.


IN R.F.A. NO.1969/2016

BETWEEN:

1.   B.H. RAMAKRISHNAPPA
     AGED ABOUT 72 YEARS
     S/O DODDAHANUME GOWDA.

2.   R. CHANDRASHEKAR
     AGED ABOUT 45 YEARS
     S/O B.H. RAMAKRISHNAPPA.

     BOTH R/O BIJJAVARA, VIJAYAPURA HOBLI
     DEVANAHALLI TALUK - 562110.

                                       ...APPELLANTS

(BY SRI. V.V. GUNJAL, ADV.,)
                             -3-
                                      NC: 2024:KHC:45295
                                      RFA No.1968/2016
                                  C/W RFA No.1969/2016



AND:

1.   D.N. ANIL KUMAR
     S/O LATE D.V. NARAYAN SWAMY
     AGED ABOUT 43 YEARS
     R/O NO.29, 1ST FLOOR, 2ND CROSS
     3RD MAIN, NEAR SOMESHWARA TEMPLE
     CHIKKABOMMASANDRA
     GKVK POST, BANGALORE - 560065.

2.   B.V. KEMPEGOWDA
     AGED ABOUT 60 YEARS
     S/O LATE VENKATESHAMAPPA.

3.   MS. B.K. NANDINI
     AGED ABOUT 31 YEARS.

4.   MS. B.K. LAKSHMI
     AGED ABOUT 31 YEARS.

5.   MS. B.K. KOMALA
     AGED ABOUT 26 YEARS.

     ALL D/O OF B.V. KEMPEGOWDA
     ALL R/O BIJJAVARA
     VIJAYAPURA HOBLI
     DEVANAHALLI TALUK-562110.

                                     ...RESPONDENTS

   THIS RFA IS FILED U/S 96 OF THE CPC, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE
COMMON JUDGMENT PASSED BY CIVIL JUDGE (SR.DIV).
AND JMFC DEVANAHALLI, BANGALORE RURAL DIST AND
DECREE    PASSED    IN   O.S.   NO.1496/2006  (OLD
                         TH
NO.1096/2006) DATED 19        AUGUST 2006, IN THE
INTEREST OF JUSTICE AND EQUITY.

    THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                -4-
                                              NC: 2024:KHC:45295
                                           RFA No.1968/2016
                                       C/W RFA No.1969/2016



 CORAM:      HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

                        ORAL JUDGMENT

Learned counsel for the appellants submits that he may

be permitted to withdraw the appeals with liberty to present

the same before the competent Court. The said submission is

placed on record. He is permitted to do so.

For the statistical purposes, the appeals are disposed of.

Registry is directed to return the papers after retaining

the Xerox copies.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

RV