Karnataka High Court
Balaji And Company vs Holiyappa Siddalingappa on 21 November, 2024
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NC: 2024:KHC-D:17005
RSA No. 100613 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 100613 OF 2014 (POS)
BETWEEN:
1. BALAJI AND COMPANY, A PARTNERSHIP FIRM DULY R/BY
ITS PARTNER
SHRI ARUMMUGAM S/O. N TANGAMUTHU,
AGED ABOUT 60 YEARS,
OCC. BUSINESS, R/O. PINTO ROAD,
HUBLI-580 001.
2. SHRI T SELVARAJ S/O. N TANGAMUTHU,
AGED ABOUT 68 YEARS, OCC. BUSINESS,
R/O. PINTO ROAD, HUBLI-580 001.
3. SHRI T ARUMUGAM S/O. N TANGAMUTHU,
AGED ABOUT 65 YEARS, OCC. BUSINESS
R/O. PINTO ROAD, HUBLI-580 001.
Digitally
signed by
VISHAL
... APPELLANTS
NINGAPPA
VISHAL
NINGAPPA PATTIHAL
PATTIHAL Date:
(BY SRI. RAMESH V ITAGI AND
2024.11.23
11:01:32
+0530
SRI. P.T.AROGULI, ADVOCATES)
AND:
1. SHRI HOLIYAPPA SIDDALINGAPPA BULLA,
AGED ABOUT 60 YEARS, OCC. BUSINESS,
R/O. LAMINGTON ROAD, HUBLI-580 001.
SINCE DECEASED BY HIS LRS'.
1A. SMT. LATA W/O. HOLLIAYAPPA BULLA,
AGE: MAJOR, OCC. HOUSEHOLD,
R/O. LAMINGTON ROAD, HUBBALLI.
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NC: 2024:KHC-D:17005
RSA No. 100613 of 2014
1B. RAHUL S/O. HOLLIAYAPPA BULLA,
AGE: MAJOR, OCC. NOT KNOWN,
R/O. LAMINGTON ROAD, HUBBALLI.
1C. SANGAMMA D/O. HOLLIAYAPPA BULLA,
AGE: MAJOR, OCC. NOT KNOWN,
R/O. LAMINGTON ROAD, HUBBALLI.
1D. PRIYANKA D/O. HOLLIAYAPPA BULLA,
AGE: MAJOR, OCC. HOUSEHOLD,
R/O. LAMINGTON ROAD, HUBBALLI.
2. SMT. PARWATAVVA W/O. SIDDALINGAPPA BULLA,
AGED ABOUT 81 YEARS, OCC. AGRICULTURE,
R/O. LAMINGTON ROAD, HUBLI-580 001.
3. SHRI T VENGADASALAM S/O. N TANGUMUTHU,
AGED ABOUT 60 YEARS, OCC. BUSINESS,
R/O. PINTO ROAD, HUBLI-580 001.
4. SHRI MOHAMMAD HAYAT,
S/O. ABDUL KAREEMSAB BANKAPUR,
AGED ABOUT 66 YEARS, OCC. BUSINESS,
R/O. DAYANAND COLONY,
NEAR RASHMI SCHOOL, KESHWAPUR,
HUBLI-580 001.
... RESPONDENTS
(BY SMT. G MEERABAI, ADVOCATE FOR C/R2;
R1 IS DECEASED; R3 AND R4-DISMISSED;
SMT. G.MEERABAI, ADVOCATE FOR R1(C) AND R1(D) REPRESENTED
BY GPA HOLDER R1(A);
R1(B) NOTICE SERVED)
THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED 23.04.2014 PASSED IN R.A.NO.59/2010 ON
THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, HUBLI,
DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND
DECREE DATED 23.03.2010 AND THE DECREE PASSED IN
O.S.NO.15/2010 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AT
HUBLI, DECREEING THE SUIT FILED FOR POSSESSION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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NC: 2024:KHC-D:17005
RSA No. 100613 of 2014
ORAL JUDGMENT
Learned counsel for the appellant has filed memo
seeking to withdraw the appeal.
2. The memo is taken on record, which reads as
under:
"Today the matter is posted for dismissal for
not having taken steps against deceased Respondent
No.1. Since the claim of the Respondent Nos.1 and 2
regarding permanent lease in respect of the property
in question is decided finally in appropriate
proceedings and it is held that they do not have any
right over the property in question, the Appellants
being in possession of the property as owners
through the registered sale deed executed by the
owner of the property in question intend to withdraw
the top noted Appeal. Hence, the top noted case
may kindly be disposed as withdrawn, with the
permission to withdraw the amount in deposited in
the court towards alleged rent of the property in
question, in the ends of justice".
3. In light of the memo, the appeal is dismissed
as withdrawn.
NC: 2024:KHC-D:17005
4. Pending IAs' if any would not arise for
consideration.
Sd/-
(JUSTICE K.S.HEMALEKHA)
AT
CT:PA
