In this R.S.A. filed under Section 100 CPC against a judgment dismissing an appeal, the Karnataka High Court disposed of the matter by allowing the appellants' submission to dismiss the appeal as withdrawn, taking a filed memo on record accordingly.
Appeal dismissed as withdrawn on application of appellant.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.456/2021(DEC/INJ)
BETWEEN:
1 . SRI SHYAM SINGH S/O LATE B S KRISHNA SINGH AGED ABOUT 69 YEARS RESIDENT AT No.29, RANNGANATHA NILAYA, 2ND CROSS, ANANDAGIRI EXTEND BEHIND GOVT. SCHOOL, HEBBALA BENGALURU – 560 024.
2 . SRI BALAJI SINGH S/O LATE B.S.KRISHNA SINGH AGED ABOUT 65 YEARS R/AT No.5, CHIKKENAHALLI KAINCHA HOBLI, ANJINAPURA POST, RAMANAGARA DISTRICT – 562 159.
3 . SMT. VIMALA BAI D/O LATE MOHAN SINGH AGED ABOUT 60 YEARS R/AT. BELAGUMBA, KYATASANDRA ROAD, VENKATADRI BADAVENE BELAGUMBA, TUMAKURU TOWN – 572 104.
4 . SRI SHANKAR SINGH SINCE DECEASED ON 20-03-2018
2
REPRESENTED BY LEGAL HEIRS
4(a). SMT. SARASWATHI BAI W/O LATE SHANKAR SINGH EWS 5, KHB COLONY A M PALYA SIRA GATE TUMAKUR – 572 101.
4(b). SRI VINOD S/O LATE SHANKAR SINGH EWS 5, KHB COLONY A M PALYA SIRA GATE TUMAKUR – 572 101.
4(c). SMT. SOWMYA D/O LATE SHANKAR SINGH EWS 5, KHB COLONY A M PALYA SIRA GATE TUMAKUR – 572 101.
3
AGED ABOUT 55 YEARS R/AT No.5, CHIKKENAHALLI KAINCHA HOBLI, ANJINAPURA POST RAMANAGARA DISTRICT - 562 159.
AND:
SMT. SHAKUNTHALA BAI W/O HANUMAN SINGH AGED ABOUT 67 YEARS
4
RETIRED HISTORY LECTURER SRI VISHWA BHARATHI STUDY CENTRE, 1ST MAIN, 2ND CROSS SAINT MERIES CONVENT ROAD BEHIND SIDDAGANGA COLLEGE TUMKURU – 572 107.
..RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.12.2019 PASSED IN R.A.No.305/2018 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.07.2018 PASSED IN O.S.No.122/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., SIRA.
THIS RSA COMING ON FOR ORDERS THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants submits that he has already made application to withdraw the appeal with liberty. However after clarification he submits that the appeal may be dismissed as withdrawn.
Modified submission is taken on record.
Counsel submits he would be filing a memo to that effect.
5
Learned counsel for appellants has filed Memo
dated 12.07.2021 and same is taken on record.
Accordingly appeal is dismissed as withdrawn.
Sd/JUDGE
SBN
1. Shyam Singh, 2. Balaji Singh, 3. Vimala Bai, 4. Shankar Singh (deceased/heirs), 5. Lakshminarayana Singh, 6. Kuber Singh, 7. Jayalakshmi, 8. Susheela, 9. Moh
Shakunthala Bai
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
