Sri. Raja Gopal R vs Sri. Pillappaiah @ Ramakrishnappa
2024 Latest Caselaw 25625 Kant

Karnataka High Court

Sri. Raja Gopal R vs Sri. Pillappaiah @ Ramakrishnappa on 28 October, 2024

                                                -1-
                                                         NC: 2024:KHC:43321
                                                             RFA No.855/2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 28TH DAY OF OCTOBER, 2024
                                               BEFORE
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                        REGULAR FIRST APPEAL NO.855 OF 2019 (DEC/PAR)


                   BETWEEN:

                   SRI. RAJA GOPAL .R
                   S/O PILLAPPAIAH @ RAMAKRISHNAPPA
                   AGED ABOUT 45 YEARS
                   R/AT NO.548, MARUTHI NILAYA
                   RACHENAHALLI MAIN ROAD
                   THANISANDRA
Digitally signed   S.R.K. NAGAR POST
by RUPA V          BENGALURU - 77.
Location: HIGH
COURT OF                                                         ...APPELLANT
KARNATAKA
                   (BY SRI. AJAY R.A. ADV.,)


                   AND:

                   1.    SRI. PILLAPPAIAH @ RAMAKRISHNAPPA
                         S/O LATE BACHANNA
                         AGED ABOUT 68 YEARS
                         R/AT NO.548, MARUTHI NILAYA
                         RACHENAHALLI MAIN ROAD
                         THANISANDRA, S.R.K. NAGAR POST
                         BENGALURU - 77.

                   2.    SMT. KANTHAMMA
                         W/O LATE BACHANNA
                         AGED ABOUT 71 YEARS.

                   3.    SRI. RAMESH
                         S/O LATE BACHANNA
                         AGED ABOUT 47 YEARS.

                         DEFENDANT NO.2 & 3
                             -2-
                                  NC: 2024:KHC:43321
                                   RFA No.855/2019




     ARE R/AT OLD NO.35
     NEW NO.136, THANISANDRA
     S.R.K.NAGAR POST
     BENGALURU - 7.

4.   SMT. NAGAVENI
     D/O LATE BACHANNA
     AGED ABOUT 40 YEARS
     R/AT SINGAHALLI
     BUDIGERE POST
     DEVANAHALLI TALUK
     BENGALURU RURAL DISTRICT.

5.   SRI. HEMANNA
     S/O LATE BACHANNA
     AGED ABOUT 72 YEARS.

6.   SMT. RADHAMMA
     W/O HEMANNA
     AGED ABOUT 61 YEARS.

7.   SMT. PRATHIBHA
     D/O HEMANNA
     AGED ABOUT 37 YEARS.

8.   SMT. H. PUSHPALATHA
     D/O HEMANNA
     AGED ABOUT 35 YEARS.

9.   SRI. PRAFULLA
     D/O HEMANNA
     AGED ABOUT 33 YEARS.

10. SRI. H. SURESH KUMAR
    S/O HEMANNA
    AGED ABOUT 31 YEARS.

11. SRI. H. RAVI KUMAR
    S/O HEMANNA
    AGED ABOUT 29 YEARS.

     RESPONDENT NOS.5 TO 11
                          -3-
                                     NC: 2024:KHC:43321
                                      RFA No.855/2019




    ARE R/AT 547, OPP: GOVT SCHOOL
    RACHENAHALLI MAIN ROAD
    THANISANDRA, S.R.K. NAGAR POST
    BENGALURU - 77.

12. SMT. JAYALAKSHMAMMA
    W/O MAHADEVAPPA
    D/O LATE BACHANNA
    AGED ABOUT 62 YEARS
    R/AT. C/O MAHADEVAPPA'S HOUSES
    SOMATHANAHALLI VILLAGE
    REDDY HALLI POST
    CHANNARAYAPATTANA HOBLI
    DEVANAHALLI TALUK
    BENGALURU RURAL DISTRICT - 562 129.

13. THE COMMISSIONER
    BANGALORE DEVELOPMENT AUTHORITY
    KUMARA PARK WEST
    BANGALORE - 560 020.

                                          ...RESPONDENTS
(BY SRI. S. RAGHUNATHA GOWDA, ADV., FOR C/R10
    SRI. HARISH D.S. ADV., FOR R3 & R12
    SRI. S.R. SREEPRASAD, ADV., FOR R1
    SRI. S.K. PRAKASH MURTHY, ADV., FOR R4
    SRI. KIRAN C.V. ADV., FOR R13
         R2, R5 TO R10 AND R11 ARE SERVED)

     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 13.02.2019 IN OS NO.3662/2016 PASSED BY
THE LEARNED VII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU AND TO PASS A DECREE IN FAVOUR OF THE
APPELLANT AND AS AGAINST THE RESPONDENTS, AS PRAYED
FOR IN THE PLAINT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                               -4-
                                           NC: 2024:KHC:43321
                                            RFA No.855/2019




                         ORAL JUDGMENT

Learned counsel for the appellant filed a memo seeking

withdrawal of the appeal.

2. The memo reads as under:

"The undersigned Appellant wishes to withdraw the present appeal as he no longer wishes to contest the same and hence he may kindly be permitted to withdraw the appeal in the interest of justice and equity."

3. In view of the said memo, appeal is dismissed as

withdrawn.

In view of dismissal of the appeal, pending applications

do not survive of consideration, accordingly they are disposed

of.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

BSR