The High Court at Bengaluru dismissed a regular second appeal filed under Section 100 of the CPC against a judgment confirming a decree. The appellant sought permission to withdraw the appeal, which was granted and the appeal was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY
REGULAR SECOND APPEAL NO.172 OF 2013 (PAR)
BETWEEN:
SRI. PADMANABHA KARKERE, SINCE DEAD BY HIS LRS., SMT. PRAMILA, W/O LATE PADMANABHA KARKERA, AGED ABOUT 59 YEARS, R/A KARITHOTA HOUSE, MANAMPADY VILLAGE, MULKI POST, MANGALORE TALUK, DAKSHINA KANNADA. ... APPELLANT
(BY SRI. NAVEEN, ADVOCATE FOR SRI.A.MADHUSUDHANA RAO, ADVOCATE)
AND:
KESHAVA KOTIAN (SINCE DECEASED) S/O KOOKRA KARKERA, AGED ABOUT 51 YEARS,
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SMT. SEETHU, SINCE DECEASED AGED ABOUT 65 YEARS,
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SMT. LAXMI, SINCE DECEASED AGED ABOUT 68 YEARS,
SMT. VENKAMMA, (SINCE DECEASED) AGED ABOUT 76 YEARS,
RESPONDENTS NO.10 AND 11 ARE R/AT SHIVAGIRI ESTATE, KARNAD SADASHIVA RAO ROAD, (K.S. ROAD), KARNAD POST, MANGALORE TALUK.
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AGED ABOUT 52 YEARS,
12(d) SRI.HEMA, S/O LATE DOMBI, AGED ABOUT 50 YEARS,
12(e) SRI.GANESH, S/O LATE DOMBI, AGED ABOUT 48 YEARS,
R12(a) TO R12(e) ARE R/AT RESIDENTS OF “KARITHOTA HOUSE”, MANAMPADY VILLAGE, MULKY (POST), MANGALORE TALUK, DAKSHINA KANNADA DISTRICT – 574 154.
SMT. MEENASHI (SINCE DECEASED) AGED ABOUT 70 YEARS,
SRI.CHANDRU POOJARY, (SINCE DECEASED), AGED ABOUT 81 YEARS,
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SMT. YAMUNA, AGED ABOUT 71 YEARS, D/O LATE NAMMU POOJARY, (SINCE DECEASED)
SMT. SHARADA (SINCE DECEASED)
SRI. SIDDU (SINCE DECEASED)
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R18 AND R19 ARE RESIDING AT KARITHOTA MANAMPADY VILLAGE, MULKI POST, MANGALORE TALUK, DAKSHINA KANNADA.
SMT. NEELAMMA, W/O LATE GOPALA POOJARY, (SINCE DECEASED)
22. PADMANABHA,
AGED ABOUT 50 YEARS, S/O LATE GOPALA POOJARY,
R20 TO R22 ARE RESIDING AT KAKAVA, ATHIKARIBETTU VILLAGE AND POST, MANGALORE TALUK. … RESPONDENTS
(BY SRI. CHANDRANATH ARIGA K., ADV. FOR R2 & R13; R1, R3 TO R12(e) AND R15 ARE SERVED BUT UNREPRESENTED; R15 IS LR OF DECEASED R16; V/O DTD: 29.08.2017 NOTICE TO R20 & R21 HELD SUFFICIENT, V/O DTD: 13.11.2017 NOTICE TO R22 HELD SUFFICIENT; NOTICE TO R14, R17 TO R19 IS D/W V/O DTD: 13.11.2017)
THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 01.10.2012 PASSED IN R.A.NO.627/2005 (OLD NO.122/2001) ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, DISMISSING THE APPEAL AND
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CONFIRMING THE JUDGEMENT AND DECREE DATED 31.01.2001 PASSED IN OS.NO.358/1985 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) KARKALA.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Naveen, learned counsel appearing for
Sri.A.Madhusudhana Rao, learned counsel for the
appellant has filed a memo seeking permission of this Court to withdraw the appeal.
dismissed as withdrawn .
Sd/JUDGE
NR/-
1 provisions across 1 enactments
SMT. PRAMILA, W/O LATE PADMANABHA KARKERA
SMT. BABY, D/O KOOKRA KARKERA
GOVINDA KOTIAN, S/O KOOKRA KARKERA
JAYA KOTIAN, D/O KOOKRA KARKERA
GANGADHARA KOTIAN, S/O KOOKRA KARKERA
CHANDRASHEKHARA KOTIAN, S/O KOOKRA KARKERA
NATARAJ RANGASWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
