The High Court of Karnataka dismissed a Regular Second Appeal filed under Section 100 CPC as withdrawn, despite some appellants seeking to withdraw while others did not.
The appeal was dismissed as withdrawn.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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL No.657 OF 2019 (DEC)
BETWEEN:
SRI CHENNARAYAPPA SINCE DEAD BY HIS LRS.
A-1 TO A-4 ARE
R/AT LAKSHMISAGARA VILLAGE GATTAMADAMANGALA POST BANGARPET TALUK KOLAR DISTRICT – 563 101
SRI ASHOKA
SINCE DEAD BY HIS LRS.
APPELLANT NOS.7 & 8 ARE MINORS WHO ARE NOW IN THE CARE AND CUSTODY OF APPELLANT NO.6 AS BEING THE NATURAL GUARDIAN MOTHER APPELLANT NOS.7 & 8 AND THEY ARE R/AT SIDDANAHALLI VILLAGE SULEGUNTE POST BANGARPET TALUK – 563 101
(BY SRI M.ASWATHANARAYANA REDDY, ADVOCATE)
AND:
SRI MUNIVENKATAPPA SINCE DEAD BY HIS LRS.
VIA-ANDERSONPET KGF – 563 101
DEVANAHALLI
BENGALURU RURAL-562 001
R-17 TO R-20 ARE R/AT KALIKUPA VILLAGE ANDERSONPET POST BANGARPET TALUK – 563 101
R-21 TO R-23 ARE R/AT BELAGANAHALLI VILLAGE ANDERSONPET POST BANGARPET TALUK – 563 101
BANGARPET KOLAR DISTRICT – 563 101
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.12.2018 PASSED IN RA.NO.151/2014 INSOFAR AS NOT ALLOWING THE COUNTER CLAIM OF THE APPELLANTS IN RESPECT OF ITEM NOS.3, 8, 9, 10, 11 AND 14 OF THE SCHEDULE OF COUTNER CLAIM BY III ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR SITTING AT KGF & ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Sri M.Aswathanarayana Reddy, learned counsel appearing for appellants files a memo seeking permission to withdraw the appeal as not pressed.
The memo has been signed by all the appellants. Notice has not yet been served on the other side.
Placing the said memo on record, Regular Second
Appeal is dismissed as withdrawn.
Sd/JUDGE
LB
Sri Srinivas S/o.Late Chennarayappa
Smt.Menasamma D/o.Late Chennarayappa
Smt.Narayanaamma D/o.Late Chennarayappa
Sri Narayanaswamy S/o.Late Chennarayappa
Smt.Sumithramma D/o.Venkattamma Krishnappa
Smt.M.Shanthamma W/o.M.Munivenkatappa
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
