Sri. K K Hariyanna vs Sri. Honnagangappa
2025 Latest Caselaw 7881 Kant

Karnataka High Court

Sri. K K Hariyanna vs Sri. Honnagangappa on 29 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                  NC: 2025:KHC:33752
                                                RSA No. 1361 of 2021


            HC-KAR




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 29TH DAY OF AUGUST, 2025

                                   BEFORE
                 THE HON'BLE MR. JUSTICE V SRISHANANDA
            REGULAR SECOND APPEAL NO. 1361 OF 2021 (DEC/INJ)


            BETWEEN:

            1.   SRI. K K HARIYANNA
                 S/O LATE KANNIGAIAH
                 AGEDA BOUT 66 YEARS
                 RESIDING AT KADEPALYA
                 KASABA HOLBI
                 GUBBI TALUK
                 TUMKUR DISTRICT-572216


                                                        ...APPELLANT
            (BY SRI. KASHINATH J D.,ADVOCATE)

            AND:
Digitally
signed by   1.   SRI. HONNAGANGAPPA
MALATESH
KC               S/O LATE GANGAPPA
Location:        AGED ABOUT 55 YEARS
HIGH             RESIDING AT NADUVALAPALYA
COURT OF         KASABA HOLBI
KARNATAKA
                 GUBBI TALUK
                 TUMKUR DISTRICT-572216

            2.   SMT LATHA
                 W/O LATE KEMPASIDDAIAH
                 AGED ABOUT 35 YEARS
                          -2-
                                 NC: 2025:KHC:33752
                               RSA No. 1361 of 2021


HC-KAR



     RESIDING AT KADEPALYA
     KASABA HOLBI
     GUBBI TALUK
     TUMKUR DISTRICT-572216

3.   SRI LAKSHMINARAYANA
     S/O LATE KEMPASIDDAIAH
     AGED ABOUT 19 YEARS
     RESIDING AT KADEPALYA
     KASABA HOLBI
     GUBBI TALUK
     TUMKUR DISTRICT-572216

4.   SRI NAGESHA
     S/O LATE KEMPASIDDAIAH
     AGED ABOUT 24 YEARS
     RESIDING AT KADEPALYA
     KASABA HOLBI
     GUBBI TALUK
     TUMKUR DISTRICT-572216

5.   SMT NAGALAKSHMI
     D/O LATE KEMPASIDDAIAH
     AGED ABOUT 22 YEARS
     RESIDING AT KADEPALYA
     KASABA HOLBI
     GUBBI TALUK
     TUMKUR DISTRICT-572216


                                    ...RESPONDENTS
(R1- DECD, R2 TO R4 ARE SERVED, R5 - SERVICE HELD
SUFFICIENT)
                                 -3-
                                               NC: 2025:KHC:33752
                                            RSA No. 1361 of 2021


HC-KAR



     THIS     REGULAR     SECOND      APPEAL   IS    FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND DECREE DATED 30.07.2019                    PASSED IN
RA.NO.17/2013 ON THE FILE OF THE             ADDL. SENIRO CIVIL
JUDGE AND JMFC, GUBBI . DISMISSING               THE APPEAL AND
CONFIRMING          THE    JUDGMENT      AND     DECREE      DATED
20.06.2013      PASSED IN O.S.NO.80/2003            ON THE FILE OF
THE PRL. CIVIL JUDGE AND JMFC., GUBBI.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA


                       ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

which reads as under :

"The counsel for the appellant herein respectfully submits that, after filing of the appeal the sole appellant namely K.K. Hariyanna was died leaving behind his legal heirs. When the counsel for the appellant often the time contacted the legal heirs of the appellant, they said that they don't have interest to continue the case and also, they have not given any details regarding the death of the sole appellant. In view of the same I may be permitted to

NC: 2025:KHC:33752

HC-KAR

withdraw the case as not pressed to meet the interest of justice."

Placing the memo on record, the appeal is

dismissed as withdrawn.

Sd/-

(V SRISHANANDA) JUDGE

SNC