Karnataka High Court
Smt. Lakshmi vs Sri Byappa Reddy on 29 August, 2025
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2025:KHC:33756
MSA No. 9 of 2025
C/W MSA No. 156 of 2025
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
MISCELLANEOUS SECOND APPEAL NO. 9 OF 2025
(RO-)
C/W
MISCELLANEOUS SECOND APPEAL NO. 156 OF 2025
IN MSA No. 9/2025
BETWEEN:
1. SRI G A NAGI REDDY
S/O. LATE ANJANAPPA,
AGED 59 YEARSRESIDING AT
GANTAMAVARIPALLI,
KASABA HOBLI,
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT.
Digitally PIN 561 207
signed by
MALATESH 2. SMT. LAKSHMI,
KC W/O. G.A. NAGI REDDY,
Location: AGED 47 YEARS,
HIGH RESIDING AT
COURT OF GANTAMAVARIPALLI,
KARNATAKA KASABA HOBLI,
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT.
PIN 561 207
...APPELLANTS
(BY SRI. B RAMESH., ADVOCATE)
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NC: 2025:KHC:33756
MSA No. 9 of 2025
C/W MSA No. 156 of 2025
HC-KAR
AND:
1. SMT PARVATHAMMA
W/O. BYRAPPA REDDY,
AGED 56 YEARS,
2. SRI. BYAPPA REDDY,
S/O. LATE ANJANAPPA,
AGED 76 YEARS
3. SRI. PRADEEP
S/O. BYRAPPA REDDY,
AGED 35 YEARS
4. SRI ASHOK
S/O. BYRAPPA REDDY,
AGED 36 YEARSR/A.
RESPONDENTS NO.1 TO 4 ARE
RESIDING AT GANGTAMVARIPALLI,
KASABA HOBLI,
BAGEPALLI TALUK, 561207.
CHIKKABALLAPUR DISTRICT
5. SMT. SWETHA SHYLA,
D/O. SREERAMAPPA,
AGED 34 YEARS,
R/@ GULLUR VILLAGE,
GULLUR HOBLI,
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT.
...RESPONDENTS
THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
30.11.2024 PASSED IN RA No.15/2024 ON THE FILE OF THE
SENIOR CIVIL JUDGE, BAGEPALLI, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
20.12.2023 PASSED IN OS. No.42/2023 ON THE FILE OF THE
CIVIL JUDGE AND JMFC, BAGEPALLI, DISMISSING THE SUIT
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NC: 2025:KHC:33756
MSA No. 9 of 2025
C/W MSA No. 156 of 2025
HC-KAR
FOR PERMANENT INJUNCTION. THE MATTER IS REMANDED
BACK TO THE TRIAL COURT FOR FRESH DISPOSAL.
IN MSA NO. 156/2025
BETWEEN:
1. SMT. LAKSHMI,
W/O. G.A. NAGI REDDY,
AGED 47 YEARS,
RESIDING AT
GANTAMAVARIPALLI,
KASABA HOBLI,
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT.
PIN 561 207
...APPELLANT
(BY SRI. B RAMESH., ADVOCATE)
AND:
1. SRI BYAPPA REDDY,
S/O. LATE ANJANAPPA,
AGED 76 YEARS RESIDING AT-
R/A. GANGTAMVARIPALLI,
KASABA HOBLI,
BAGEPALLI TALUK,
CHIKKABALLAPUR DISTRICT
2. SMT. PARVATHAMMA,
W/O. BYRAPPA REDDY,
AGED 56 YEARS,
RESIDING AT
GANGTAMVARIPALLI,
KASABA HOBLI,
BAGEPALLI TALUK,
CHIKKABALLAPUR DISTRICT
...RESPONDENTS
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NC: 2025:KHC:33756
MSA No. 9 of 2025
C/W MSA No. 156 of 2025
HC-KAR
THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
30.11.2024 PASSED IN RA No.15/2024 ON THE FILE OF THE
SENIOR CIVIL JUDGE, BAGEPALLI, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
20.12.2023 PASSED IN OS. No.29/2023 ON THE FILE OF THE
CIVIL JUDGE AND JMFC, BAGEPALLI, DISMISSING THE SUIT
FOR PERMANENT INJUNCTION. THE MATTER IS REMANDED
BACK TO THE TRIAL COURT FOR FRESH DISPOSAL.
THESE APPEALS, 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 appellant above named respectfully prayed
that this Hon'ble Court may be pleased to permit the
appellant to withdraw the above appeal with the liberty to
challenge the judgment and decree dated 30.11.2024
passed in R.A.No.15/2024 by the Senior Civil Judge at
Bagepalli in so far as remanding O.S.No.29 back on the
file of Civil Judge and JMFC at Bagepalli by initiating
appropriate proceedings in accordance with law by
reserving liberty raising all contentions raised in the
present appeal, in the interest of justice and equity."
NC: 2025:KHC:33756
HC-KAR
Placing the memo on record, appeals are dismissed
with liberty as prayed for.
Sd/-
(V SRISHANANDA)
JUDGE
SNC
CT:BHK
