Karnataka High Court
Millina Kariyappa vs Mayamma on 25 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:43203
MSA No. 73 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS SECOND APPEAL NO. 73 OF 2024 (RO)
BETWEEN:
MILLINA KARIYAPPA,
SON OF LATE VARADEGOWDA,
AGED ABOUT 62 YEARS,
RESIDING AT YALACHAVADI VILLAGE,
MARALAVADI HOBLI, KANAKAPURA TALUK,
RAMANAGARA - 562 117.
...APPELLANT
(BY SRI. RAGHAVA P., ADVOCATE)
AND:
1. MAYAMMA,
WIFE OF LATE. DAASEGOWDA,
AGED ABOUT 68 YEARS,
2. KARIYA @ KANCHIGOWDA,
SON OF LATE. DAASEGOWDA,
Digitally signed AGED ABOUT 43 YEARS,
by RAMYA D
Location: HIGH 3. GOWRAMMA,
COURT OF
KARNATAKA WIFE OF LATE. VARADEGOWDA @
DAASEGOWDA,
AGED ABOUT 48 YEARS,
4. RAJESH,
SON OF LATE. VARADEGOWDA @
DAASEGOWDA,
AGED ABOUT 24 YEARS,
5. ARUNA,
SON OF LATE. VARADEGOWDA @
DAASEGOWDA,
AGED ABOUT 24 YEARS,
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MSA No. 73 of 2024
RESPONDENTS NOS.1 TO 5 ARE
RESIDING AT YALACHAVADI VILLAGE,
MARALAVADI HOBLI, KANAKAPURA TALUK,
RAMANAGARA - 562 117.
6. VARADEGOWDA @ CHIKKANNA,
SON OF LATE. VARADEGOWDA,
AGED ABOUT 53 YEARS,
RESIDING AT YALACHAVADI VILLAGE,
MARALAVADI HOBLI, KANAKAPURA TALUK,
RAMANAGARA - 562 117.
7. KANCHIGOWDA
SINCE DEAD BY HIS LRS
MARAKKA,
WIFE OF LATE KANCHIGOWDA,
AGED ABOUT 78 YEARS,
8. VARADEGOWDA,
SON OF LATE KANCHIGOWDA,
AGED ABOUT 48 YEARS,
9. NAGARAJU,
SON OF LATE KANCHIGOWDA,
AGED ABOUT 41 YEARS,
10. JAYAMMA,
WIFE OF LATE MUDDEGOWDA,
AGED ABOUT 43 YEARS,
11. KIRAN KUMAR,
SON OF LATE MUDDEGOWDA,
AGED ABOUT 23 YEARS
12. VARADARAJU,
SON OF LATE MUDDEGOWDA AND JAYAMMA,
AGED ABOUT 23 YEARS,
(RESPONDETNS NOS.7 -12 ARE
RESIDING AT YALACHAVADI VILLAGE,
MARALAVADI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117)
13. VARADAMMA,
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MSA No. 73 of 2024
WIFE OF THAMMAIAH,
AGED ABOUT 58 YEARS,
RESIDING AT THATTEKERE VILLAGE,
MARALAVADI VILLAGE,
KANAKAPURA TALUK,
RAMANAGARA - 562 117.
14. SHIVARATHNAMMA,
DAUGHTER OF LATE KANCHIGOWDA,
AGED ABOUT 55 YEARS,
RESIDING AT ANEHOSAHALLI VILLAGE,
MARALAVADI HOBLI, KANAKAPURA
TALUK,RAMANAGARA - 562 117.
15. K. SURESH,
SON OF KRISHNAM NAIDU,
AGED ABOUT 45 YEARS,
RESIDING AT ATTIGUPPE VILLAGE,
MARALAVADI HOBLI,
KANAKAPURA TALUK - 562 117.
16. V. BHASKER NAIDU,
SON OF LATE. V. RANGASWAMY NAIDU,
AGED ABOUT 53 YEARS,
RESIDING AT NO.481 12TH CROSS,
15TH MAIN, PADMANABHA NAGAR,
BENGALURU - 560 070.
17. VARADAMMA,
WIFE OF YALIKKIGOWDA,
AGED ABOUT 58 YEARS,
RESIDING AT MARALI DODDI VILLAGE,
MARALAVADI HOBLI,
KANAKAPURA TALUK - 562 117.
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
12.01.2024 PASSED IN RA No.5017/2022 ON THE FILE OF
THEII ADDITIONAL DISTRICT AND SESSIONS JUDGE,
RAMANAGARA, SIT. AT KANAKAPURA, ALLOWING THE APPEAL
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MSA No. 73 of 2024
AND SETTING ASIDE THE ORDER DATED 07.09.2022 PASSED
ON IA NO. 27 IN OS. No.49/2018 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, KANAKAPURA AND THE MATTER IS
REMANDED BACK WITH A DIRECTION TO DISPOSE OFF THE
MATTER AFRESH BY PROVIDING AN OPPORTUNITY TO THE
APPELLANTS HEREIN AND TO THE RESPONDENTS IN
COMPLIANCE OF DIRECTION ISSUE IN THE RA NO. 5002/2014
DATED 10.01.2018 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo
along with signature of the appellant to withdraw the
appeal.
2. Memo is placed on record.
3. Accordingly, the appeal is dismissed as
withdrawn.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
BKN
