Karnataka High Court
Sri. Rangadhamaiah vs Shri. Narasimhaiah on 5 September, 2024
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NC: 2024:KHC:36398
RSA No. 2089 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO. 2089 OF 2017 (DEC/INJ)
BETWEEN:
1. SRI RANGADHAMAIAH,
AGED ABOUT 76 YEARS,
S/O LATE HANUMANTHAPPA,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
2. SRI LAKSHMIPATHI,
AGED ABOUT 43 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPUR DISTRICT-562 108.
3. SRI NAGARAJA,
Digitally signed by
MAHALAKSHMI B M AGED ABOUT 41 YEARS,
Location: HIGH S/O RANGADHAMAIAH,
COURT OF OCCUPATION:AGRICULTURE
KARNATAKA
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
4. SRI GANGADHARA,
AGED ABOUT 38 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
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NC: 2024:KHC:36398
RSA No. 2089 of 2017
5. SRI BRAHMAIAH,
AGED ABOUT 36 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
6. SRI RAMESHA,
AGED ABOUT 34 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
7. SRI SANJEEVA MURTHY,
AGED ABOUT 31 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
8. SMT SUJATHAMMA,
AGED ABOUT 26 YEARS,
S/O RANGADHAMAIAH,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
9. SMT.RATHNAMMA,
AGED ABOUT 39 YEARS,
D/O RANGADHAMAIAH,
W/O RAJAPPA, OCC: AGRICULTURIST,
R/AT. MADANAHALLI-562108,
GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT.
...APPELLANTS
(BY SRI LAL KISHAN N, ADVOCATE FOR
SRI G S BHAT, ADVOCATE)
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NC: 2024:KHC:36398
RSA No. 2089 of 2017
AND:
1. SHRI NARASIMHAIAH,
S/O ANJINAPPA,
AGED ABOUT 52 YEARS,
OCCUPATION:AGRICULTURE,
R/AT PAPAGANAHALLI, HOSUR HOBLI,
GOWRIBIDANUR TALUK-562 108,
CHICKBALLAPUR DISTRICT.
2. SHRI NARASANNA,
S/O ANJINAPPA,
AGED ABOUT 42 YEARS,
OCCUPATION:AGRICULTURE
R/AT PAPAGANAHALLI
HOSUR HOBLI-562 108
GOWRIBIDANUR TALUK
CHICKBALLAPUR DISTRICT.
...RESPONDENTS
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DTD 10.07.2017 PASSED IN
R.A.NO.109/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., GOWRIBIDANUR DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DTD 11.03.2015
PASSED IN OS.NO.197/2009 ON THE FILE OF THE PRL.CIVIL
JUDGE AND JMFC., GOWRIBIDANUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
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NC: 2024:KHC:36398
RSA No. 2089 of 2017
ORAL JUDGMENT
Learned counsel for the appellants submits that the
appellants do not intend to prosecute the present appeal
and have filed a memo for withdrawal duly signed by
appellants 2 to 9. Memo is accompanied by the death
certificate of appellant No.1.
2. Memo of withdrawal reads as under:
That pursuant to the demise of their
father/Appellant No.1 on 11.12.2023, the
undersigned Appellants are not interested in
pursuing the captioned appeal. Therefore, it is
prayed that this Hon'ble Court may be pleased to
dismiss the captioned appeal as withdrawn.
Wherefore, it is respectfully prayed that this
Hon'ble Court may be pleased to take on record the
instant memo and pass appropriate orders in the
interest of justice and equity.
3. In view of the submission and the memo filed,
appeal is dismissed as withdrawn.
Sd/-
(K.S. HEMALEKHA)
JUDGE
