Two revisional appeals filed under Section 100 CPC were disposed of as settled out of court based on a memo from the appellant's counsel.
The appeals disposed of as settled out of court. Pending IAs also 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.216/2021 (INJ) C/W R.S.A.NO.217/2021 (DEC/INJ)
IN R.S.A.NO.216/2021:
BETWEEN:
SRI RAMAPPA, S/O VENKATARAYAPPA @ NALLAPPA, AGED ABOUT 66 YEARS, R/AT RENUMAKALAHALLI VILLAGE, GANGAREKALUVE POST, KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT-562101. ...APPELLANT
(BY SRI B.R. SRINIVASA GOWDA, ADVOCATE)
AND:
SRI NARAYANAPPA, SINCE DEAD BY LR.
SMT. LAKSHMAMMA, SINCE DEAD BY LR. LEAVING BEHIND THEIR ONLY DAUGHTER
2
FORMERLY R/AT RAGHUNATHAPURA VILLAGE, SCOUT CAMP ROAD, KVN ENCLAVE, DODDABALLAPUR-562203, BENGALURU RURAL DISTRICT.
(BY SRI MURALIDHARA R, ADVOCATE FOR C/R1, SRI P.M. NARAYANA SWAMY, ADVOCATE FOR R2)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.12.2020 PASSED IN RA.NO.56/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.01.2016 PASSED IN O.S.NO.320/2007 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKABALLAPUR.
IN R.S.A.NO.217/2021:
BETWEEN:
SRI RAMAPPA, S/O VENKATARAYAPPA @ NALLAPPA, AGED ABOUT 66 YEARS, RA/T RENUMAKALAHALLI VILLAGE, GANGAREKALUVE POST, KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT 562101.
...APPELLANT
(BY SRI B.R. SRINIVASA GOWDA, ADVOCATE)
AND:
3
R/AT BASAVANAHALLI VILLAGE, THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT 561208.
SRI NARAYANAPPA, S/O YERRAPPA, SINCE DEAD BY LR.
SMT. DEVI KUMARI, SINCE DECEASED BY LR.
(BY SRI MURALIDHARA R, ADVOCATE FOR C/R2, R4 SERVED AND UNREPRESENTED)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.12.2020 PASSED IN RA.NO.57/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
4
JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.01.2016 PASSED IN O.S.NO.320/2007 AND O.S.NO.414/2011 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKABALLAPUR.
THESE R.S.As. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellant has filed a memo stating that the parties have settled the matter outside the Court and hence the appeals may be disposed of as settled out of Court.
settled out of Court.
Consequently, the pending I.As. stands disposed of.
Sd/JUDGE
MD
Sri Ramappa
Smt. Rathnamma
Sri A.N. Srinivasaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
