Sri D Pampapathi S/O Late D N ... vs Barikara Yeriyappa S/O Hanumanthappa
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Karnataka High Court

Sri D Pampapathi S/O Late D N ... vs Barikara Yeriyappa S/O Hanumanthappa on 5 September, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                           NC: 2024:KHC-D:12807
                                                           RSA No. 5095 of 2009




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 5TH DAY OF SEPTEMBER, 2024

                                             BEFORE

                        THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                            REGULAR SECOND APPEAL NO. 5095 OF 2009

                   BETWEEN:

                   SRI D. PAMPAPATHI
                   S/O LATE D.N. HANUMANTHAPPA
                   AGED ABOUT 53 YEARS,
                   AGRICULTURIST,
                   R/O NAGENAHALLI VILLAGE,
                   HOSPET TALUK.
                                                                    ...APPELLANT
                   (BY SRI K. RAGHAVENDRA RAO AND
                   V. VIDYA, ADVOCATE)

                   AND:

                        BARIKARA YERIYAPPA
                        S/O HANUMANTHAPPA
                        SINCE DEAD BY HIS LRS
                   1.   NARASAMMA
Digitally signed        WIDOW OF BARIKARA YERIYAPPA
by BHARATHI             AGED ABOUT 41 YEARS
HM
Location: HIGH
COURT OF           2.   BARIKARA MANJUNATH
KARNATAKA               S/O BARIKARA YERIYAPPA,
DHARWAD
BENCH                   AGED ABOUT: 32 YEARS,
DHARWAD
                   3.   BARIKARA PANDURANGA
                        S/O BARIKARA YERIYAPPA
                        AGED ABOUT 30 YEARS,

                        ALL ARE HINDUS, AGRICULTURIESTS,
                        R/O NAGENAHALLI VILLAGE,
                        HOSPET TALUK.
                                                                 ...RESPONDENTS
                   (R1 TO R3 SERVED)
                                  -2-
                                             NC: 2024:KHC-D:12807
                                            RSA No. 5095 of 2009




      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE IN R.A.NO.98/2007 DATED 03.12.2008
PASSED BY THE CIVIL JUDGE (SR.DN.) AND JMFC, AT HOSPET AND
RESTORE THE JUDGMENT AND DECREE IN O.S.NO.207/2006 DATED
14.09.2007 PASSED BY THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND
JMFC AT HOSPET, ALLOW THIS REGULAR SECOND APPEAL WITH
COST.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                          ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

stating that the appeal may be dismissed as not pressed.

The memo is taken on record.

Accordingly, the appeal is dismissed as not pressed.

Sd/-

(HANCHATE SANJEEVKUMAR) JUDGE

AC CT:GSM