Martandappa S/O Shivappa Dhammansur ... vs Shivaraya S/O Martandappa Dhammansur ...
2024 Latest Caselaw 22170 Kant

Karnataka High Court

Martandappa S/O Shivappa Dhammansur ... vs Shivaraya S/O Martandappa Dhammansur ... on 2 September, 2024

                                               -1-
                                                           NC: 2024:KHC-K:6539
                                                        RFA No. 200010 of 2014




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                            BEFORE
                        THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                   REGULAR FIRST APPEAL NO.200010 OF 2014 (PAR/POS)
                   BETWEEN:

                   1.    MARTANDAPPA
                         S/O SHIVARAYA DHAMMANSUR,
                         AGE: 16 YEARS, OCC: STUDENT,

                   2.    SHARANABASSAMMA
                         D/O SHIVARAYA DHAMMANSUR,
                         AGE: 13 YEARS, OCC:STUDENT,

                   3.    AISHWARYA
                         D/O SHIVARAYA DHAMMANSUR,
                         AGE: 10 YEARS, OCC:STUDENT,

                   4.    ANIL S/O SHIVARAYA DHAMMANSUR
Digitally signed         AGE: 08 YEARS, OCC: STUDENT,
by RENUKA
Location: HIGH
COURT OF                 ALL ARE MINORS, REPRESENTED BY
KARNATAKA                GUARDIAN/NATURAL MOTHER

                         IRAMMA W/O SHIVARAYA DHAMMANASUR,
                         AGE: 46 YEARS, OCC: H.H.WORKS,
                         ALL ARE R/O BENNUR(K),
                         TQ. CHITTAPUR,
                         DIST. GULBARGA-585201.


                                                                 ...APPELLANTS
                   (BY SRI VINAYAK APTE, ADVOCATE)
                             -2-
                                        NC: 2024:KHC-K:6539
                                   RFA No. 200010 of 2014




AND:

1.   SHIVARAYA
     S/O MARTANDAPPA DHAMMANSUR,
     AGE: 61 YEARS, OCC: AGRICULTURE,
     R/O BENNUR(K), TQ. CHITTAPUR,
     DIST. GULBARGA-585201.

2.   NINGAMMA W/O SHIVARAYA DHAMMANSUR,
     AGE: 54 YEARS, OCC: H.H.WORK,
     R/O BENNUR(K), TQ. CHITTAPUR,
     DIST. GULBURGA-585201.

3.   UMADEVI W/O CHANDRAKANT PUJARI,
     AGE: 38 YEARS, OCC: H.H.WORKS,
     R/O BENNUR(K), TQ. CHITTAPUR,
     DIST. GULBURGA-585201.

                                             ...RESPONDENTS

(BY SRI SUDHEER KULKARNI, ADVOCATE FOR R1;
SRI B. D. HANGARKI, ADVOCATE FOR R2 AND R3)


       THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 20.12.2013 PASSED BY THE
SENIOR    CIVIL   JUDGE,   CHITTAPUR    IN   OS.NO.27/2012,
FURTHER DECREE THE SAID SUIT AS PRAYED FOR WITH
COSTS AND SUCH FURTHER OR OTHER RELIEF'S BE GRANTED
TO WHICH THE APPELLANT WOULD BE ENTITLED TO ON THE
FACTS AND CIRCUMSTANCES OF THE CASE.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                        NC: 2024:KHC-K:6539
                                    RFA No. 200010 of 2014




CORAM:    HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                        ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Learned counsel for the appellants has filed a memo

seeking permission of the Court to withdraw the appeal.

The memo is taken on record and the appeal is

dismissed as withdraw.

In view of disposal of the appeal, I.A.No.2/2021 does

not survive for consideration.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP