G Mahesha vs Sundara
2024 Latest Caselaw 24915 Kant

Karnataka High Court

G Mahesha vs Sundara on 16 October, 2024

                                               -1-
                                                           NC: 2024:KHC:41942
                                                       RSA.CROB No. 6 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                           BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                        RSA CROSS OBJECTION NO. 6 OF 2023 (PAR)

                   BETWEEN:

                   G MAHESHA
                   S/O LATE M GURUSWAMY,
                   AGED ABOUT 62 YEARS,
                   R/O KOTHALAVADI VILLAGE,
                   HARAVE HOBLI,
                   TALUK CHAMARAJANAGAR - 571313
                                                           ...CROSS OBJECTOR

                   (BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE)

                   AND:

                   1.   SUNDARA
                        S/O LATE M GURUSWAMY,
Digitally signed        AGED ABOUT 54 YEARS,
by R DEEPA
Location: HIGH     2.   PUTTASUBBAMMA
COURT OF                W/O LATE M GURUSWAMY,
KARNATAKA               AGED ABOUT 84 YEARS,

                   3.   PRASADA
                        S/O LATE M GURUSWAMY,
                        AGED ABOUT 56 YEARS,

                   4.   K S GURUSWAMAPPA
                        S/O LATE SUBBAPPA,
                        AGED ABOUT 77 YEARS,

                        RESPONDENT Nos.1,2,3 & 4 ARE
                            -2-
                                       NC: 2024:KHC:41942
                                   RSA.CROB No. 6 of 2023




     R/AT KOTHALAVADI VILLAGE
     HARAVE HOBLI,
     TALUK CHAMARAJANAGAR - 571313

5.   RATHNAMMA
     W/O GURULINGAPPA,
     AGED ABOUT 64 YEARS
     R/O MALLAMMANAHUNDI VILLAGE,
     TERAKANAMBI HOBLI,
     GUNDLUPET TALUK - 571111

6.   NANJASHETTY
     S/O LATE NANJASHETTY,
     AGED ABOUT 59 YEARS,
     R/O Y K MOLE, KASABA HOBLI,
     YALANDURU TALUK - 571441

7.   MAHESHA
     S/O LATE MAHADEVASWAMY,
     AGED ABOUT 36 YEARS,

8.   MANU
     S/O LATE MAHADEVASWAMY,
     AGED ABOUT 34 YEARS,

     RESPONDENT NOS. 7 & 8 ARE
     R/O YANAGALLI VILLAGE,
     NEAR SASUVEHALLA TOTADA MANE,
     HARADANAHALLI HOBLI,
     CHAMARAJANAGAR TALUK - 571313

9.   GURU MALLAMMA
     W/O G MAHESHA
     AGED ABOUT 57 YEARS,
     R/O KOTHALAVADI VILLAGE,
     HARAVE HOBLI,
     TALUK CHAMARAJANAGAR - 571313
                                          ...RESPONDENTS

    THIS RSA CROB IN RSA No.568/2021 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 11.03.2020 PASSED IN RA NO.23/2019 ON
                             -3-
                                       NC: 2024:KHC:41942
                                  RSA.CROB No. 6 of 2023




THE FILE OF SENIOR CIVIL JUDGE AND JMFC., GUNDLUPET
PARTLY ALLOWING THE CROSS APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 11.02.2019 PASSED IN OS
NO.143/2009 ON THE FILE OF HON'BLE PRINCIPAL CIVIL
JUDGE AND JMFC., GUNDLUPET.

     THIS RSA CROSS OBJECTION, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

                        ORAL ORDER

Learned counsel for the cross-objector filed a memo

seeking leave of the Court to withdraw the RSA Cross

Objection No.6/2023 with a liberty to challenge the same

in the second appeal.

2. Memo is placed on record.

Accordingly, the RSA Cross Objection No.6/2023 is

dismissed as withdrawn.

Sd/-

(ASHOK S.KINAGI) JUDGE

SSB