Dismissed

Shivalingaiah v. Chikkathayamma

Karnataka HC6 Nov 2023RSA/1354/2014

Case brief

AI extract

What is this about?

The regular second appeal filed under Section 100 of CPC was admitted. The appellant sought leave to withdraw the appeal with liberty to file a suit for declaration. The court granted the withdrawal, dismissing the appeal accordingly, and disposed of a pending interim application.

What did the court decide?

Leave granted to withdraw the appeal with liberty to file a suit for declaration.

Shivalingaiah Vs Chikkathayamma — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:39589 RSA No. 1354 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^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. 1354 OF 2014 (INJ)

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BETWEEN:

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SHIVALINGAIAH S/O SIDDELINGEGOWDA @ MOLLEGOWDA AGED ABOUT 64 YEARS, R/O GARAKAHALLI, V.P.PURA HOBLI, CHANNAPATTANA TALUK – 562 160 RAMANAGAR DISTRICT.

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…APPELLANT

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(BY SRI. VIJAYAKUMAR S C., ADVOCATE)

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AND:

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CHIKKATHAYAMMA

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W/O LATE MAJJEGOWDA, SINCE DEAD BY LR'S

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Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka

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SUNANDAMMA

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W/O SHIVALINGAIAH, AGED ABOUT 54 YEARS, AKKUR VILLAGE, VIRUPAKSHI PURA HOBLI, CHANNAPATNA TALUK – 562 160 RAMANAGAR DISTRICT.

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2. SARASA

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TEACHER, AGED ABOUT 50 YEARS, GOVT GIRLS PRIMARY SCHOOL, PETTA (PETE BEEDI, M.G.ROAD, CHANNAPATNA TOWN – 562 160, RAMANAGAR DISTRICT.

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2 - NC: 2023:KHC:39589 RSA No. 1354 of 2014

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M. NAGARAJU AGED ABOUT 48 YEARS, SRI. RAGHAVENDRA MOSAIC TILES AND SERAMIX NO.4, MAIN ROAD, PEENYA 2ND STAGE, SOLDAPURAMMA TEMPLE, SUNKADAKATTE, BANGALORE-91

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SMT. DODDATHAYAMMA @ DEVAMMA W/O LATE BOREGOWDA, AGED ABOUT 74 YEARS, GARAKAHALLI, V.P.PURA HOBLI, CHANNAPATNA TALUK – 562 160 RAMANAGAR DISTRICT.

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(SINCE THE R4 DIED WITHOUT LEAVING ANY LR'S HENCE RESPONDENTS 1 TO 3 ARE TREATED AS LR'S OF R4)

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SMT. LAKSHAMMA W/O PUTTASWAMY GOWDA, AGED ABOUT 39 YEARS, GARAKAHALLI, V.P.PURA HOBLI, CHANNAPATNA TALUK - 562 160 RAMANAGAR DISTRICT.

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…RESPONDENTS

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(BY SRI. NAVEEN CHANDRA N., ADVOCATE FOR R1, R2 & R5 R3 SERVED V/O DATED 29.08.2016 R1 TO R3 ARE TREATED AS LR'S OF DECEASED R4)

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THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 4.7.2014 PASSED IN R.A.NO.141/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATNA, RAMANAGAR DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 19.1.2010 PASSED IN OS.NO.286/2002 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA.

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3 - NC: 2023:KHC:39589 RSA No. 1354 of 2014

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

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JUDGMENT

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After hearing for some time, learned counsel for the appellant filed a memo seeking leave of this Court to withdraw the appeal with liberty to file the suit for declaration.

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Memo is placed on record.

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Accordingly, the appeal is dismissed as

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withdrawn with the aforesaid liberty, if permissible under law.

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In view of disposal of the appeal, I.A.No.1/2023 does

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not survive for consideration and accordingly stands disposed of.

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SD/JUDGE

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SKS

Shivalingaiah v. Chikkathayamma

Case brief

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What did the court decide?

Shivalingaiah v. Chikkathayamma

Case brief

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