V Bhasker Naidu vs Mayamma
2024 Latest Caselaw 22344 Kant

Karnataka High Court

V Bhasker Naidu vs Mayamma on 3 September, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                 NC: 2024:KHC:35879
                                                 MSA No. 80 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
            MISCELLANEOUS SECOND APPEAL NO. 80 OF 2024 (RO)
            BETWEEN:

            V. BHASKER NAIDU,
            SON OF LATE V. RANGASWAMY NAIDU,
            AGED ABOUT 53 YEARS,
            RESIDING AT 481, 12TH CROSS, 15TH MAIN,
            PADMANABHA NAGAR, BENGALURU - 560 070.
                                                       ...APPELLANT
            (BY SRI.RAGHAVA P., ADVOCATE (ABSENT))

            AND:

            1.    MAYAMMA,
                  WIFE OF LATE DAASEGOWDA,
                  AGED ABOUT 68 YEARS,

            2.    KARIYA @ KANCHIGOWDA,
Digitally         SON OF LATE DAASEGOWDA,
signed by
MALATESH          AGED ABOUT 43 YEARS,
KC
Location:   3.    GOWRAMMA,
HIGH              WIFE OF LATE VARADEGOWDA
COURT OF          @DAASEGOWDA,
KARNATAKA         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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                                    NC: 2024:KHC:35879
                                    MSA No. 80 of 2024




     RESPONDENT 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,

7.   MILLINA KARIYAPPA,
     SON OF LATE VARADEGOWDA,
     AGED ABOUT 48 YEARS,

     RESPONDENT 6 AMD 7 ARE RESIDING AT
     YALACHAVADI VILLAGE, MARALAVADI HOBLI,
     KANAKAPURA TALUK, RAMANAGARA - 562 117.

     KANCHEGOWDA
     SINCE DEAD BY HIS LRS,

8.   MARAKKA,
     WIFE OF LATE KANCHIGOWDA,
     AGED ABOUT 78 YEARS,

9.   VARADEGOWDA
     SON OF LATE KANCHIGOWDA,
     AGED ABOUT 48 YEARS,

10. NAGARAJU,
    SON OF LATE KANCHIGOWDA,
    AGED ABOUT 41 YEARS,


11. JAYAMMA,
    WIFE OF LATE MUDDEGOWDA,
    AGED ABOUT 43 YEARS,


12. KIRAN KUMAR,
    SON OF LATE MUDDEGOWDA,
    AGED ABOUT 23 YEARS,
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                                      NC: 2024:KHC:35879
                                      MSA No. 80 of 2024




13. VARADARAJU,
    SON OF LATE MUDDEGOWDA AND JAYAMMA,
    AGED ABOUT 23 YEARS,

    RESPONDENT 8 - 13 ARE RESIDING AT
    YALACHAVADI VILLAGE, MARALVADI HOBLI,
    KANAKAPURA TALUK,
    RAMANAGARA DISTRICT - 562 117.

14. VARADAMMA,
    WIFE OF THAMMAIAH,
    AGED ABOUT 58 YEARS,
    RESIDING AT THATTEKERE VILLAGE,
    MARALAVADI VILLAGE,
    KANAKAPURA TALUK,
    RAMANAGARA - 562 117.

15. SHIVARATHNAMMA,
    DAUGHTER OF LATE KANCHIGOWDA,
    AGED ABOUT 55 YEARS,
    RESIDING AT ANEHOSAHALLI VILLAGE,
    MARALAVADI HOBLI, KANAKAPURA TALUK,
    RAMANAGARA-562 117.

16. K. SURESH,
    SON OF KRISHNAM NAIDU,
    AGED ABOUT 45 YEARS,
    RESIDING AT ATTIGUPPE VILLAGE,
    MARALAVADI HOBLI,
    KANAKAPURA TALUK - 562 117.

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 ORDER 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
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                                           NC: 2024:KHC:35879
                                           MSA No. 80 of 2024




THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
RAMANAGARA, TO SIT AT KANAKAPURA,    ALLOWING THE
APPEAL AND SETTING ASIDE THE ORDER DATED 07.09.2022
PASSED ON IA NO.27 IN OS NO.49/2018 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA AND THE
MATTER IS REMANDED BACK TO TRIAL COURT TO DISPOSE
OFF THE MATTER AFRESH.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

Learned counsel for the appellant has filed a memo

dated 07.08.2024 for withdrawal. The memo reads as

under:

"The Appellant herein most respectfully submits as follows-

That the instant matter under appeal has become infructuous and therefore, the same is required to be withdrawn. Therefore, this Hon'ble Court be pleased to permit the Appellant to withdraw the instant appeal, in the interest of justice."

2. Memo is taken on record.

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

as withdrawn.

Sd/-

(V SRISHANANDA) JUDGE