The High Court of Karnataka recorded memoros seeking withdrawal of a regular second appeal and cross-objection. The court dismissed the proceedings as withdrawn and disposed of pending interim applications.
The appeal and cross-objection are dismissed as withdrawn. Pending interim applications are disposed of.
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.
NC: 2023:KHC:45512 RSA No. 1808 of 2013 C/W RSA.CROB No. 13 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1808 OF 2013 (PAR) C/W
RSA CROSS OBJECTION NO. 13 OF 2014
IN RSA No.1808/2013
BETWEEN:
SMT. GIRIJA AGED ABOUT 33 YEARS W/O THIMMAPPA GOWDA R/O DERAJE OF INDABETTU VILLAGE BELTHANGADY TALUK 574 211 DK DISTRICT
…APPELLANT
(BY SRI. KESHAVA BHAT A., ADVOCATE)
Digitally signed by R DEEPA Location: High Court of Karnataka
AND:
NC: 2023:KHC:45512 RSA No. 1808 of 2013 C/W RSA.CROB No. 13 of 2014
RESPONDENTS No.1 TO 3 ARE RESIDING AT KURIYADI OF KANIYOOR VILLAGE AND POST, BELTHANGADY TALUK DK DISTRICT 574 211
RESPONDENTS No.4 TO 6 ARE R/O KURADANAGE HOUSE BARYA VILLAGE & POST BELTHANGADY TALUK DK DISTRICT 574 211
R/O DERAJE OF INDABETTU VILLAGE BELTHANGADY TALUK, DK DISTRICT 574 211
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 26.7.2013 PASSED IN R.A.NO.18/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 4.10.2008 PASSED IN OS.NO.82/2006 ON THE FILE OF CIVIL JUDGE (JR.DN.) AND JMFC, BELTHANGADY, D.K.
IN RSA CROB.13/2014
BETWEEN:
No.1 TO 3 ARE RESIDING AT KURIYADI OF KANIYOOR VILLAGE AND POST, BELTHANGADY TALUK DK DISTRICT 574 211
RESPONDENTS No.4 TO 6 ARE R/O KURADANAGE HOUSE BARYA VILLAGE & POST BELTHANGADY TALUK DK DISTRICT 574 211
…CROSS-OBJECTORS
(BY SRI. SACHIN B.S., ADVOCATE)
AND:
NC: 2023:KHC:45512 RSA No. 1808 of 2013 C/W RSA.CROB No. 13 of 2014
…RESPONDENTS
THIS CROSS-OBJECTION IS FILED IN RSA No.1808/2013 UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 26.07.2013 PASSED IN RA No.18/2009 ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, BELTHANGADY, D.K. DISTRICT ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 04.10.2008 PASSED IN OS No.82/2006 ON THE FILE OF THE CIVIL JUDGE (JR. DVN) AND JMFC, BELTHANGADY, D.K. DISTRICT.
THIS RSA AND RSA CROB COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellant filed memo seeking
leave of the Court to withdraw the appeal contending that
the appellant is not interested in prosecuting the appeal. Learned counsel for the cross-objector filed memo seeking leave of the Court to withdraw the cross-objections on the
ground that the matter is settled amicably.
are dismissed as withdrawn. In view of dismissal of the appeal and cross-objections, pending I.As., if any, do not survive for consideration and are accordingly disposed of.
SD/-
JUDGE
RD
1 provisions across 1 enactments
SMT. GIRIJA
SMT. KINNIAMMA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
