The Court dismissed the second appeal filed by proposed legal representatives of the deceased appellant, as the appeal was withdrawn out of court via a filed memo permitting withdrawal.
The appeal was dismissed as withdrawn.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 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.1247 OF 2018 (PAR)
BETWEEN:
RANGAIAH S/O LATE THIMMEGOWDA R/AT THUNGOTI KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT SINCE DEAD BY LRS
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
1(A) SMT.NAGAMMA W/O RANGAIAH D.V.HALLI POST KASABA HOBLI, MADHUGIRI TALUK THUNGOTI
TUMKUR, KARNATAKA - 572132
1(B) T.R.THIMMEGOWDA C/O RANGAIAH KASABA HOBLI, MADHUGIRI TALUK VTC: DODDAVEERAGONDANAHALLI SUB DISTRICT: MADHUGIRI DISTRICT: TUMAKURU STATE: KARNATAKA - 572132
D.V.HALLI POST
KASABA HOBLI, MADHUGIRI TALUK THUNGOTI, DODDAVEERAGONDANAHALLI TUMKUR, KARNATAKA - 572132
…APPELLANTS
(BY SRI.PUNEETH K, ADVOCATE FOR SRI.A.SAMPAT, ADVOCATE FOR A.1(A TO C))
AND:
S/O LATE THIMMEGOWDA R/AT THUNGOTI, KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
R/AT THUNGOTI, KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
R/AT THUNGOTI, KASABA HOBLI
MADHUGIRI TALUK TUMKUR DISTRICT
W/O RANGASHAMAIAH @ RANGASWAMY R/AT THUNGOTI, KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
W/O LATE KOTE KALLAIAH R/O DUGGENAHALLI VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT
8. RAJAMMA
W/O NAGARAJU R/O DUGGENAHALLI VILLAGE
HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT
9. PUTTAMMA
W/O GOPALAIAH D/O LATE THIMMEGOWDA
R/AT THUNGOTI, D V HALLI
KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
10. RANGATHAYAMMA
W/O ERANNA D/O LATE THIMMEGOWDA
R/AT THUNGOTI, DUGGANAHALLI KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
13. GIRIPRAKASH
S/O LT RANGASHAMAIAH R/AT THUNGOTI VILLAGE KASABA HOBLI MADHUGIRI TALUK TUMKUR DISTRICT
…RESPONDENTS
(BY SRI.K KRISHNA SWAMY, ADVOCATE FOR R2-R5, R.7, R.9 AND R.12; SRI.KASHYAP N NAIK AND VIVEK B RAMAKRISHNA, ADVOCATE FOR R.1; NOTICE TO R.6, 8, 10, 11 AND 13 ARE SERVED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.03.2018 PASSED IN RA NO.5016/2017 ON THE FILE OF THE 4TH ADDL. DISTRICT AND SESSIONS JUDGE, MADHUGIRI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN OS NO.76/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for proposed legal representatives of the deceased appellant has filed a memo dated 16.11.2023 permitting them to withdraw an appeal as the matter is settled out of the Court.
dismissed as withdrawn.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 30
1 provisions across 1 enactments
Rangaiah S/O Late Thimmegowda R/AT Thungoti Kasaba Hobli Madhugiri Taluk Tumkuri District Since Dead By LRS
Ramalingappa
Smt.Sharadamma W/O Late Kote Kallaiah
Lakshminarayana S/O Late Kote Kallaiah
Raghavendra
Rangaraju S/O Late Kote Kallaiah
Sachin Shankar Magandum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
