Sri Bhadrinath Shastri vs Sri Hanumanthappa
2025 Latest Caselaw 5857 Kant

Karnataka High Court

Sri Bhadrinath Shastri vs Sri Hanumanthappa on 20 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                   NC: 2025:KHC:32277
                                                  MSA No. 177 of 2025


              HC-KAR



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 20TH DAY OF AUGUST, 2025

                                       BEFORE
                       THE HON'BLE MR. JUSTICE V SRISHANANDA
              MISCELLANEOUS SECOND APPEAL NO. 177 OF 2025 (RO)
              BETWEEN:

              1.    SRI BHADRINATH SHASTRI
                    S/O LATE K.KRISHNA SHASTRI,
                    AGED ABOUT: 67 YEARS,
                    R/AT NO.57, VASUNDARA,
                    1ST MAIN, 1ST CROSS,
                    SOUNDARYANAGAR,
                    NAGASANDRA POST,
                    SIDDEDAHALLI,
                    BENGALURU.

              2.    SMT. MANDAKINI,
                    W/O T.B. SHIVARAM,
                    AGED ABOUT 71 YEARS,
                    R/AT: #57, VASUNDARA,
                    1ST MAIN, 1ST CROSS,
                    SOUNDARYANAGAR,
Digitally           NAGASANDRA POST,
signed by R
MANJUNATHA          SIDDEDAHALLI, BENGALURU.
Location:
HIGH COURT    3.    SMT. JANAKI,
OF                  W/O T.B. ANANTHARAM,
KARNATAKA
                    AGED ABOUT 69 YEARS,
                    R/AT:#57, VASUNDARA,
                    1ST MAIN, 1ST CROSS,
                    SOUNDARYANAGAR,
                    NAGASANDRA POST,
                    SIDDEDAHALLI, BENGALURU.
                                                        ...APPELLANTS
              (BY SRI. PRAVEEN KUMAR K.S., ADVOCATE)
                           -2-
                                     NC: 2025:KHC:32277
                                    MSA No. 177 of 2025


HC-KAR



AND:

1.   SRI HANUMANTHAPPA
     S/O MURIGEPPA,
     AGED ABOUT 55 YEARS,
     AGRICUTLURISTS/BUSINESSMAN,
     R/AT AMARAVATHI VILLAGE,
     HARIHAR TALUK.

2.   SRI. MANJUNATHA,
     S/O LATE KRISHNA SHASTRI,
     AGED ABOUT 59 YEARS,
     R/AT #57, VASUNDARA,
     1ST MAIN, 1ST CROSS,
     SOUNDARYANAGAR,
     NAGASANDRA POST,
     SIDDEDAHALLI, BENGALURU.

3.   SRI. SOMANATHA SHASTRI,
     AGED ABOUT 59 YEARS,
     R/AT #57, VASUNDARA,
     1ST MAIN, 1ST CROSS,
     SOUNDARYANAGAR,
     NAGASANDRA POST,
     SIDDEDAHALLI, BENGALURU.
                                        ...RESPONDENTS
                          ***
     THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT
AND DECREE DATED 13.06.2025 PASSED IN R.A.No.14/2018
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
HARIHAR, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 08.01.2018 PASSED IN O.S.
No.20/2009 ON THE FILE OF THE C/C PRINCIPAL CIVIL JUDGE
AND JMFC, HARIHAR, FOR FRESH DISPOSAL TO LEAD FURTHER
EVIDENCE.

    THIS MSA, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA
                                 -3-
                                                 NC: 2025:KHC:32277
                                             MSA No. 177 of 2025


HC-KAR



                           ORAL ORDER

Learned counsel for the appellants has filed a memo,

seeking permission of the Court to withdraw the appeal,

with liberty to urge other grounds in the suit. The memo

reads as under:

"The appellants in the above appeal most humbly prayed that this Hon'ble Court kindly permit them to withdraw the appeal, with liberty to urge other grounds in the suit."

2. Placing the memo on record, the appeal is

dismissed as withdrawn. All contentions are left open for

the parties to urge before the Trial Court, in accordance

with law.

In view of withdrawal of the appeal, pending

I.A.No.1/2025 does not survive for consideration.

Sd/-

(V SRISHANANDA) JUDGE

BMV*