Smt Dakshyanini S vs T D Govindaraju
2024 Latest Caselaw 25277 Kant

Karnataka High Court

Smt Dakshyanini S vs T D Govindaraju on 22 October, 2024

                                          -1-
                                                      NC: 2024:KHC:42510
                                                    RSA No. 1651 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                        BEFORE
                       THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                       REGULAR SECOND APPEAL NO. 1651 OF 2021
               BETWEEN:

                     SMT DAKSHYANINI S
                     WIFE OF M. SHIVASWAMY,
                     AGED ABOUT 51 YEARS,
                     RESIDING AT NO 6,
                     1ST MAIN, SUBBANNA GARDEN,
                     VIJAYANAGAR,
                     BANGALORE 560 040.

                     DEAD BY LRS,

               1.    M. SHIVASWAMY,
                     SON OF LATE MAHANTHADEVARU,
                     AGED AOBUT 69 YEARS,
                     RESIDING AT NO 6,
                     1ST MAIN, SUBBANNA GARDEN,
Digitally            VIJAYANAGAR,
signed by            BANGALORE 560 040.
CHAITHRA P
Location:      2.    SAVITHA. S
High Court           DAUGHTER OF M. SHIVASWAMY,
of Karnataka         AGED ABOUT 34 YEARS,
                     RESIDING AT NO 6,
                     MALTHAPITHRALAYA,
                     1ST MAIN ROAD,
                     SUBBANNA GARDEN VIJAYANAGAR,
                     BANGALORE 560 040.

               3.    VINUTHA SHIVASWAMY
                     DAUGHTER OF M. SHIVASWAMY,
                     AGED ABOUT 30 YEARS,
                             -2-
                                          NC: 2024:KHC:42510
                                     RSA No. 1651 of 2021




     RESIDING AT NO 6,
     MALTHAPITHRALAYA,
     1ST MAIN ROAD,
     SUBBANNA GARDEN VIJAYANAGAR,
     BANGALORE 560 040
                                               ...APPELLANTS
(BY SRI. H. R. GIRIDHAR., ADVOCATE FOR;
     SRI. K. S. HARISH., ADVOCATE)


AND:

1.   T. D. GOVINDARAJU
     SON OF LATE MAHATADEVARU,
     AGED ABOUT 58 YEARS,
     WORKING AS GOVERNMENT DOCTOR
     NANJANGUD GOVERNMENT HOSPITAL,
     NANJANGUD,
     MYSURU DISTRICT.
                                              ...RESPONDENT

       THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.03.2020
PASSED IN RA.NO.462/2019 ON THE FILE OF THE               IV
ADDITIONAL    DISTRICT   AND   SESSIONS    JUDGE,   MYSURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 24.11.2018 PASSED IN OS.NO.64/2013
ON THE FILE OF THE PRINCIPAL I CIVIL JUDGE AND JMFC,
MYSURU.

       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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                                         NC: 2024:KHC:42510
                                       RSA No. 1651 of 2021




                         ORAL JUDGMENT

After arguing the matter for some time, learned

counsel for appellants seeks permission of the Court to

withdraw the appeal with a liberty to pursue the matter

before MUDA.

2. The said submission is placed on record.

3. In view of the above, appeal is dismissed as

withdrawn with the aforesaid liberty.

Sd/-

(ASHOK S.KINAGI) JUDGE

LDC