D K Anil Kumar vs The State Of Karnataka
2024 Latest Caselaw 22548 Kant

Karnataka High Court

D K Anil Kumar vs The State Of Karnataka on 4 September, 2024

                                        -1-
                                                 NC: 2024:KHC:36132
                                                RSA No. 452 of 2015




              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. 452 OF 2015 (DEC)

              BETWEEN:

              D K ANIL KUMAR
              AGED ABOUT 33 YEARS,
              S/O D KALASAPPA HEGDE,
              R/O HERUR KUNCHEBYLE,
              SRINGERI TALUK,
              KUNCHEBYLE POST 577139
              AND ALSO AT MIG 350, G BLOCK,
              2ND STAGE, K H B , KALLAHALLI,
              VINOBANAGAR, SHIVAMOGGA-577204
                                                       ....APPELLANT
              (BY SRI. R GOPAL, ADVOCATE)

              AND:
Digitally
signed by R   1.    THE STATE OF KARNATAKA BY
DEEPA
Location:
                    ITS CHIEF SECRETARY,
HIGH COURT          VIDHANA SOUDHA,
OF                  BANGALORE-560001
KARNATAKA
              2.    TAHASILDAR
                    SRINGERI TALUK,
                    SRINGERI-577139

              3.    SHANKARAPPA NAIK
                    AGED ABOUT 46 YEARS,
                    R/O KUNTHOOR VILLAGE,
                    KUNCHEBYLE POST,
                    SRINGERI TALUK 577139
                             -2-
                                        NC: 2024:KHC:36132
                                       RSA No. 452 of 2015




4.   CHINNAPPA
     AGED ABOUT 40 YEARS,
     R/O KALYA,
     KUNCHEBYLE POST,
     SRINGERI TALUK-577139

5.   H C SUBRAMANYA
     AGED ABOUT 52 YEARS,
     S/O CHANDRAIAH,

6.   H G SRINIVAS
     AGED ABOUT 55 YEARS,
     S/O GANESHAIAH

7.   K B SANJEEVA
     AGED ABOUT 67 YEARS
     S/O BABU

8.   SUNANDA
     AGED ABOUT 65 YEARS,

9.   BABU
     AGED ABOUT 43 YEARS,

10. GOPALKRISHNA
    AGED ABOUT 41 YEARS,

11. NANJARAJ
    AGED ABOUT 38 YEARS,

     THE RESPONDENT No.8 IS THE WIFE
     AND RESPONDENTS 9 TO 11
     ARE CHILDREN OF
     LATE RAMADAS

     RESPONDENTS 5 TO 11 ARE
     R/O HERUR VILLAGE,
     KUNCHEBYLE POST,
     SRINGERI TALUK-577139

12. HIGHER PRIMARY SCHOOL
    HERUR,
                             -3-
                                          NC: 2024:KHC:36132
                                       RSA No. 452 of 2015




    KUNCHEBYLE POST 577139
    BY ITS HEAD MASTER.
                                             ...RESPONDENTS
(BY SRI. R. A. MACHA KANUR, AGA FOR R1 & R2;
    R3 TO R8, R10 AND R12 - SERVED;
    R9 AND R11 - NOTICE DISPENSED WITH)


     THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 11.12.2014, PASSED IN
RA.NO.27/2012 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE AT CHIKMAGALUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 30.01.2012
PASSED IN OS.NO.71/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE AT CHIKMAGALUR.


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


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI


                    ORAL JUDGMENT

After arguing for some time, learned counsel for the

appellant seeks leave of the Court to withdraw the appeal

with liberty to approach the Revenue Authorities.

2. Submission is placed on record.

NC: 2024:KHC:36132

3. The appeal is dismissed as withdrawn with the

aforesaid liberty.

Sd/-

(ASHOK S.KINAGI) JUDGE

RD