Karnataka High Court
Smt Sumangala vs Smt Puttagangamma on 8 November, 2024
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NC: 2024:KHC:45255
RSA No. 1462 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1462 OF 2024 (PAR/DEC)
BETWEEN:
SMT SUMANGALA
D/O LATE THIMMAIAH
W/O KRISHNAIAH,
AGED ABOUT 57 YEARS,
R/O RUKMINI NAGARA,
NAGASANDRA POST,
BENGALURU-560073
...APPELLANT
(BY SRI. V B SIDDARAMAIAH., ADVOCATE)
AND:
1. SMT PUTTAGANGAMMA
W/O LATE THIMMAIAH
AGED ABOUT 83 YEARS
Digitally 2. SRI.HANUMANTHARAYAPPA
signed by R S/O LATE THIMMAIAH
DEEPA AGED ABOUT 65 YEARS
Location:
HIGH COURT RESPONDENT NO.1 & 2 ARE
OF R/AT KODIGEHALLI VILLAGE,
KARNATAKA BYATHA POST, URDIGERE HOBLI,
TUMAKURU TALUK-572140
3. SRI.THIMMAPPA
S/O LATE THIMMAIAH
AGED ABOUT 62 YEARS,
R/O NO.187, 4TH MAIN,
RUKMINI NAGARA,
NAGASANDRA POST,
BENGALURU-5600073.
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RSA No. 1462 of 2024
4. SRI. SANJEEVAMURTHY
S/O LATE THIMMAIAH
AGED ABOUT 61 YEARS,
R/O KODIGEHALLI VILLAGE
(HIKKALLU MAJARE VADDARAHATTI)
BYATHA POST, URDIGERE HOBLI
TUMAKURU TALUK-57214.
5. SRI. K T SRINIVAS
S/O LATE THIMMAIAH
AGED ABOUT 52 YEARS,
R/O KODIGEHALLI VILLAGE
(HIKKALLU MAJARE VADDARAHATTI)
BYATHA POST, URDIGERE HOBLI,
TUMAKURU TALUK-572140.
6. SMT. RANGAMMA
W/O LATE RAJAIAH @ RAJANNA
AGED ABOUT 60 YEARS
7. SRI. HANUMANTHARAYAPPA
S/O LATE RAJAIAH @ RAJANNA
AGED ABOUT 40 YEARS,
8. SRI. SURESHA
S/O LATE RAJAIAH @ RAJANNA
AGED ABOUT 34 YEARS
RESPONDENT NO.6 TO 8 ARE
R/AT KODIGEHALLI VILLAGE,
BYATHA POST, URDIGERE HOBLI,
TUMAKURU TALUK-572140.
9. SMT. HEMAVATHI R
W/O LATE KEMPAIAH @ KEMPANNA
AGED ABOUT 55 YEARS,
10. SMT. SUMA
D/O LATE KEMPAIAH @ KEMPANNA
AGED ABOUT 31 YEARS,
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RSA No. 1462 of 2024
11. KUMARI MADHU
D/O LATE KEMPAIAH @ KEMPANNA
AGED ABOUT 27 YEARS,
12. KUMARI SHALINI
D/O LATE KEMPAIAH @ KEMPANNA
AGED ABOUT 27 YEARS,
RESPONDENT NO.9 TO 12 ARE
R/AT NO.1644;4, 13TH CROSS,
MARIYAPPANA PALYA,
OPPOSITE: KANKANABHAGYA,
BENGALURU-560021.
...RESPONDENTS
(BY SRI. M.B. CHANDRA CHOODA, ADV. FOR C/R8 IN CP
17553/2024.)
THIS RSA IS FILED UNDER SEC. 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 21.09.2024 PASSED IN
RA NO.128/2021 ON THE FILE OF THE III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMAKURU, DISMISSING
THE APPEAL AND CONFIRMING THE ORDER DATED 24.09.2021
PASSED ON I.A.NO.II IN OS NO. 237/2019 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
TUMAKURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
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RSA No. 1462 of 2024
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo
for withdrawal of the appeal. It is stated in the memo that
19 guntas of land allotted in several items of joint family in
O.S.No.369/2018 is already taken out of the plaintiffs
family in O.S.No.519/1989 and O.S.No.146/2017; The
plaintiff was not a party in O.S.No.519/1989 and
O.S.No.146/2017; Fraud and misrepresentation is
committed against the plaintiff continuously. Hence, the
appellant prays to withdraw O.S.No.237/2019 on the file of
the II Additional Senior Civil Judge and JMFC, Tumakuru
(of which R.A.No.128/2021 and RSA No.1462/2024
arises), with liberty to file an application under Section
151 CPC and also under Order XXIII Rule 3-A of the Code
of Civil Procedure to recall the order of compromise
recorded in O.S.No.519/1989(Old No.O.S.No.109/1987).
2. Memo is placed on record.
3. Appeal is dismissed as withdrawn with the
aforesaid liberty.
NC: 2024:KHC:45255
4. In view of the disposal of the appeal, I.A.1/2024
does not survive for consideration.
Sd/-
(ASHOK S.KINAGI)
JUDGE
BRN
