Karnataka High Court
Sri Prakash vs Sri Gangabylaiah (Dead) Sri … on 19 December, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:52573-DB
RFA No. 2316 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 2316 OF 2019
BETWEEN:
SRI PRAKASH
S/O GANGABYLAIAH
AGED ABOUT 49 YEARS,
RESIDING AT SHANTHVERI VILLAGE,
LINGADHAHALLI HOBLI TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 129.
ALSO RESIDING AT
PRAKASH
Digitally signed by
S/O GANGABYLAIAH
HARIKRISHNA V PEMMANAHALLI VILLAGE,
Location: HIGH SOMPURA HOBLI, NELAMANGALA TALUK
COURT OF BENGALURU RURAL DISTRICT-562 123
KARNATAKA
...APPELLANT
(BY SRI. ARUN KUMAR H., ADVOCATE)
AND:
SRI GANGABYLAIAH (DEAD)
1. SRI HANUMANTHARAJU
S/O LATE GANGABYLAIAH
AGED ABOUT 54 YEARS,
AGRICULTURAL COOLIE
SHANTHAVERI VILLAGE,
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RFA No. 2316 of 2019
LINGADHAHALLI HOBLI
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 129
2. SMT ANUSUYA
W/O VENKATESH
AGED ABOUT 34 YEARS,
GONIBEEDU VILLAGE,
SHANKARAGHATTA POST
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 129
3. SRI K.G MANJUNATH
S/O LATE GANAPAIAH PATIL
AGED ABOUT 71 YEARS,
R/AT NEAR RAILWAY STATION ROAD,
BIRURU TOWN KADUR TALUK
CHIKKAMAGALURU DISTRICT-577 129
4. SMT GANGABYLAMMA
D/O LATE GANGABYLAIAH
W/O SATHAYNARAYANA
AGED ABOUT 64 YEARS,
PEMMANAHALLI VILLAGE,
SOPURA HOBLI, NELAMANGALA TALUK
BENGALURU RURAL DISTRICT-562 123
5. SMT GOWRAMMA
W/O GARUDAPPA
MAJOR, R/AT BOMMASARA VILLAGE,
BAVIKERE HOBLI, TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 129
6. SMT DEEPA M PATEL
S/O K.G MANJUNATHA
AGED ABOUT 42 YEARS,
R/AT FOX-RUN-DRIVE
PLAINTS BORO-08536
NRE JERSEY (U.S.A.)
...RESPONDENTS
(BY SRI. S. RAJENDRA AND
SRI. UMESH MOOLIMANI, ADVOCATES)
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RFA No. 2316 of 2019
THIS RFA IS FILED UNDER ORDER 41 RULE 1
R/W.SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 22.10.2019 PASSED IN OS NO.928/2009 (OLD
NO.1488/2007) ON THE FILE OF THE ADDL.SENIOR CIVIL JUDE
AT NELAMANGALA DISMISSING THE SUIT FOR PARTITION, OF
THE SUIT PROPERTY IN QUESTION, MESNE PROFITS AND FOR
INCIDENTAL RELIEFS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON’BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and
decree passed in O.S.No.928/2009 (Old No.1488/2007)
dated 22.10.2022 by the Additional Senior Civil Judge,
Nelamangala.
2. Learned counsel, namely, Sri Arun Kumar H.,
for the appellant is present before the Court physically and
submits that he has filed a memo seeking permission to
withdraw the present appeal.
3. Memo is taken on record.
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RFA No. 2316 of 2019
4. In terms of the memo, the present appeal is
dismissed as withdrawn.
6. In view of disposal of the main appeal, the
interlocutory application, if any, is pending for
consideration and the same shall stand disposed of.
7. The appellant namely Sri Prakash is present
before the Court physically and his presence is noted.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
KTY
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