Sri Kalegowda vs Sri Sannamogegowda
2024 Latest Caselaw 22520 Kant

Karnataka High Court

Sri Kalegowda vs Sri Sannamogegowda on 4 September, 2024

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                                                          NC: 2024:KHC:36062
                                                         RSA No. 733 of 2013




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                      REGULAR SECOND APPEAL NO. 733 OF 2013 (PAR)
                   BETWEEN:

                      SRI KALEGOWDA
                      S/O KALEGOWDA,
                      AGED ABOUT 46 YEARS,
                      R/O KEMPANAKOPPALU,
                      KANTENAHALLI DHAKLE & POST,
                      KASBA HOBLI,K R NAGAR TALUK,
                      MYSORE DISTRICT
                      PIN 571602.
                                                                ...APPELLANT
                   (BY SRI. GURUPRASAD B.R., ADVOCATE)
                   AND:

                      SRI SANNAMOGEGOWDA
                      S/O LATE CHIKKEGOWDA,
Digitally signed      AGED ABOUT 45 YEARS,
by R DEEPA
                      R/O KEMPANAKOPPALU,
Location: HIGH
COURT OF              KANTENAHALLI DHAKLE & POST,
KARNATAKA             KASBA HOBLI,K R NAGAR TALUK,
                      MYSORE DISTRICT
                      PIN 571602.
                                                              ...RESPONDENT
                   (BY SRI. LINGARAJU K.R., ADVOCATE)
                                            ****

THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE JUDGEMENT & DECREE DATED

NC: 2024:KHC:36062

14.3.2013 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE & JMFC, KRISHNARAJANAGAR, IN R.A.NO.14/2012, CONFIRMING THE JUDGEMENT AND DECREE DATED 12.4.2012 BY THE COURT OF CIVIL JUDGE & JMFC, KRISHNARAJANAGAR, IN O.S.NO.242/2009 AND CONSEQUENTLY DISMISS THE SUIT IN O.S.NO.242/2009 WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL/JUDGMENT

Learned counsel for the appellant has filed a memo,

seeking leave of the Court to withdraw the appeal with

liberty to file a fresh suit to agitate his right in respect of

the suit schedule property which was bequeathed to him

by his foster mother Malmma, the defendant No.1, under a

registered Will dated 24.05.2012.

2. The memo is placed on record. The appeal is

dismissed as withdrawn with the aforesaid liberty.

Sd/-

(ASHOK S.KINAGI) JUDGE