Dismissed

Narasimhegowda @ Puttaswamygowda Dead by Lrs v. H K Narayanaswamy Dead Byl Rs

Karnataka HC9 Nov 2023RSA/10/2012

Case brief

AI extract

What is this about?

Appellant filed a memo to withdraw the appeal requesting leave to agitate grievances in a pending suit. The High Court dismissed the appeal as withdrawn with liberty to agitate in the comprehensive suit.

What did the court decide?

The appeal was dismissed as withdrawn with liberty to agitate the grievance in a comprehensive suit pending in the lower court.

Narasimhegowda @ Puttaswamygowda Dead by Lrs Vs… — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:40155 RSA No. 10 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 10 OF 2012 (INJ)

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BETWEEN:

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NARASIMHEGOWDA @ PUTTASWAMYGOWDA DEAD BY LRS

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PUTTATHAYAMMA

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1(a). W/O LATE NARASIMHEGOWDA @ PUTTASWAMYGOWDA, AGED ABOUT 76 YEARS

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SINCE DEAD BY LR'S 1(b) TO 1(e)

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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1(b). H.P.NARASIMHAMURTHY S/O LATE NARASIMHEGOWDA, @ PUTTASWAMYGOWDA, AGED ABOUT 56 YEARS,

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1(c). H P GURUSWAMY S/O.LATE NARASIMHEGOWDA @ PUTTASWAMYGOWDA AGED ABOUT 52 YEARS,

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1(d). H P KRISHNA S/O.LATE NARASIMHEGOWDA @ PUTTASWAMYGOWDA

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AGED ABOUT 50 YEARS,

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1(e). H.P.PRASANNA S/O.LATE NARASIMHEGOWDA @ PUTTASWAMYGOWDA

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AGED ABOUT 48 YEARS,

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2 - NC: 2023:KHC:40155 RSA No. 10 of 2012

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ALL ARE RESIDENTS OF HALAGUR VILLAGE, HALAGUR HOBLI, MAVALLI TALUK, MANDYA DISTRICT.

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(AMENDED VIDE COURT ORDER DATED 08.11.2023)

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H.C.SRINIVAS S/O.CHIKKASWAMYGOWDA, AGED ABOUT 52 YEARS, R/AT HALAGUR VILLAGE, HALAGUR HOBLI, MAVALLI TALUK, MANDYA DISTRICT

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…APPELLANTS

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[BY SMT. KAVYA ANIL KUMAR, ADVOCATE FOR SRI .M.SIVAPPA ASSOCIATES]

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AND:

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H.K.NARAYANASWAMY DEAD BY LRS’

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H.N.SOWBHAGYA W/O.N RAMAKRISHNA, AGED ABOUT 53 YEARS, R/AT D.NO.249, 4TH MAIN, 3RD CROSS, HOUSING BOARD, BASAVESWARA NAGAR, BANGALORE.

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H.N.SRINIVASA

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S/O LATE NARAYANASWAMYGOWDA, AGED ABOUT 51 YEARS, R/AT HALAGUR VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT

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3 - NC: 2023:KHC:40155 RSA No. 10 of 2012

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H.N.BALARAJU

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S/O.LATE NARAYANASWAMY GOWDA,

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AGED ABOUT 47 YEARS, R/AT HALAGUR VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT

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H.N.MANJULA W/O RAMESHA, AGED ABOUT 33 YEARS, R/AT VEERABHADRA ROAD, K.R.PURAM, BANGALORE.

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H.N.SRIDHARA S/O LATE H K NARAYANASWAMYGOWDA,

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AGED ABOUT 40 YEARS, R/O.HALAGUR VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT

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H.N.JYOTHI W/O B.C.SURESH AGED ABOUT 35 YEARS, R/O NEAR KRISHNA, CHOULTRY BASAVESHWARANAGAR, BANGALORE

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…RESPONDENTS

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[BY SRI S.N. BHAT, ADVOCATE FOR R1 TO R6; VIDE ORDER DATED 08.11.2023 APPELLANT 1(a - e) MAY BE TREATED AS LR'S OF DECEASED APPELLANT 1(a)]

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 24.10.2011 PASSED IN R.A.NO.17/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 29.10.2005 PASSED IN O.S.NO.94/1995 ON THE FILE OF CIVIL JUDGE (JR.DN.), MALAVALLI.

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THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:40155 RSA No. 10 of 2012

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JUDGMENT

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Learned counsel appearing for appellants has filed a memo seeking leave of the Court to withdraw the appeal with a liberty to agitate their grievance in a comprehensive suit in O.S.No.218/2016 pending on the file of Addl. Civil Judge and JMFC, Malavalli, memo is placed on record. The appeal is dismissed as withdrawn with the aforesaid liberty.

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In view of dismissal of the appeal, I.A.No.1/2014 and I.A.No.2/2014 does not survive for consideration.

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RHS

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List No.: 1 Sl No.: 15

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Sd/JUDGE

Narasimhegowda @ Puttaswamygowda Dead by Lrs v. H K Narayanaswamy Dead Byl Rs

Case brief

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Narasimhegowda @ Puttaswamygowda Dead by Lrs v. H K Narayanaswamy Dead Byl Rs

Case brief

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