Regular second appeal filed under Section 100 CPC was dismissed as not pressed, with liberty to approach respondents for necessary reliefs.
Liberty granted to appellants to approach respondents seeking necessary reliefs.
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 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1096 OF 2014 (INJ)
BETWEEN:
Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:30553 RSA No. 1096 of 2014
AGED ABOUT 35 YEARS, HOUSE WIFE.
(b) AND (C) ARE MINORS, REPRESENTED BY THEIR GUARDIAN, THE MOTHER A.15(A)
ALL ARE RESIDING AT CHIKKABASOOR VILLAGE, BASOOR POST, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 107.
S/O. KAPPANNA,
AGED ABOUT 45 YEARS.
DEAD BY HIS LRS.
ALL ARE AGRICULTURISTS, RESIDENTS OF CHIKKABASOOR VILLAGE, YALAGOHDANAHALLI VILLAGE AND BILUVALA VILLAGE, KADUR TALUK - 577 107, CHIKMAGALUR DISTRICT.
…APPELLANTS
(BY SRI. ANIL RAMACHANDRA, ADVOCATE FOR SRI. H.R. ANANTHAKRISHNA MURTHY AND PHANIRAJ, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. AZRA J. DUNDGE, AGA)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SETTING ASIDE THE JUDGEMENT & DECREE PASSED IN O.S.NO.173/2004 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AND CONCURRENT CHARGE OF II ADDITIONAL CIVIL JUDGE AND JMFC, KADUR ON 28.10.2009 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned Additional Government Advocate representing
State is present before the Court.
"The appellants pray that with liberty to
approach the Hon'ble Government, the appeal may
be dismissed, as not pressed, in the interest of justice."
The appeal is dismissed as not pressed with liberty to the appellants to approach the respondents seeking necessary reliefs.
NC: 2023:KHC:30553 RSA No. 1096 of 2014
In view of disposal of the appeal, pending I.A., if any, would pale into insignificance.
Sd/JUDGE
CPN List No.: 1 Sl No.: 9 CT: ABS
Parameswaraappa
Chief Secretary, Government of Karnataka
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
