Sri.M.L.Shivakumar vs Smt.Lalithamma
2025 Latest Caselaw 10487 Kant

Karnataka High Court

Sri.M.L.Shivakumar vs Smt.Lalithamma on 20 November, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                           NC: 2025:KHC:47917
                                                           RSA No. 70 of 2023


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 20TH DAY OF NOVEMBER, 2025

                                              BEFORE

                            THE HON'BLE MR. JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.70 OF 2023 (PAR)

                   BETWEEN:

                   1.    SRI. M.L. SHIVAKUMAR,
                         S/O LATE LINGAPPA,
                         AGED ABOUT 60 YEARS,
                         R/A MACHANAHALLI VILLAGE,
                         SOMPURA HOBLI,
                         NELAMANGALA TALUK,
                         BENGALURU RURAL DISTRICT.
                                                                  ...APPELLANT

                                  (BY SRI. NAGESH S., ADVOCATE)

                   AND:

                   1.    SMT. LALITHAMMA,
Digitally signed         D/O LATE LINGAPPA,
by DEVIKA M
                         W/O NANJAPPA,
Location: HIGH
COURT OF                 AGED ABOUT 62 YEARS,
KARNATAKA                R/O KODIGEBOMMANAHALLI VILLAGE,
                         THYMAGONDLU HOBLI,
                         NELAMANGALA TALUK,
                         BENGALURU RURAL DISTRICT.

                         SRI. M.L. MURTHY,
                         S/O LATE LINGAPPA,
                         SINCE DEAD BY LRS.

                   2.    SMT. SHASHIKALA B.H.,
                         AGED ABOUT 51 YEARS,
                         W/O LATE M.L. MURTHY,
                            -2-
                                        NC: 2025:KHC:47917
                                     RSA No. 70 of 2023


HC-KAR




     R/AT MACHANAHALLI VILLAGE,
     SOMPURA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT.

3.   SMT. ASHA M.M.,
     AGED ABOUT 31 YEARS,
     D/O LATE M.L. MURTHY,
     R/A KODIGE BOMMANAHALLI VILLAGE,
     THYAMAGONDLU HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT.

4.   USHA M.M.,
     AGED ABOUT 28 YEARS,
     D/O LATE M.L. MURTHY,
     R/A MACHANAHALLI VILLAGE,
     SOMPURA HOBLI,
     NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT.

5.   SMT. NAGARATHNAMMA,
     W/O M.C. BASAVARAJU,
     AGED ABOUT 60 YEARS,
     R/AT NO.9/127, 1ST MAIN ROAD,
     SHANKARAPPA LAYOUT,
     K.R. EXTENSION, TIPTUR TOWN,
     TUMAKURU DISTRICT.
                                           ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 23.11.2022
PASSED IN R.A.NO.188/2019 ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 05.09.2019
PASSED IN O.S.NO.382/2012 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, NELEMANGALA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                              -3-
                                           NC: 2025:KHC:47917
                                           RSA No. 70 of 2023


HC-KAR




CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

                        ORAL JUDGMENT

The learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal on the

ground that the matter is settled between the parties out of

Court.

2. The memo is taken on record.

3. In terms of the memo, the second appeal is

dismissed as withdrawn.

Sd/-

(H.P.SANDESH) JUDGE

MD