Regular Second Appeal under Section 100 CPC filed against a decree dismissing an appeal. The appeal was dismissed as withdrawn based on a memo filed on 16.12.2023.
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 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 86 OF 2021 (PAR)
BETWEEN:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
NOS.1 TO 4 ARE CHILDREN OF PADDU POOJARTHI
NOS.5 AND 6 ARE CHILDREN OF NO.1 SMT.SUGUNA.
AGED ABOUT 26 YEARS
AGED 17 YEARS
MINOR REPRESENTED BY MOTHER APPELLANT NO.2 MRS. SHANTHA
ALL ARE RESIDING AT MAGODUBETTU OF GUNDAMI VILLAGE SASTHANA POST, UDUPI TALUK-576101.
…APPELLANTS (BY SRI. K SHRIHARI AND SMT.NEERAJA KARANTH, ADVOCATES)
AND:
AGED ABOUT 36 YEARS
AGED ABOUT 33 YEARS
AGED ABOUT 33 YEARS
NO.2 TO 5 ARE CHILDREN OF JOGI POOJARY, R/A GUNDAMI VILLAGE, SASTHANA POST, UDUPI TALUK-576101
…RESPONDENTS
(BY SRI. CHANDRANATH ARIGA K & SRI.PRASANNA.K, ADVOCATES FOR C/R1 TO 5)
NC: 2023:KHC:46682 RSA No. 86 of 2021
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.12.2020 PASSED IN RA.NO.94/2013 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING AND UPHELDING THE JUDGMENT AND DECREE DATED 29.10.2011 PASSED IN O.S.NO.33/2000 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo dated 16.12.2023 is filed requesting this
Court to dismiss the appeal as not pressed.
Memo is taken on record.
The appeal is dismissed as withdrawn.
Sd/JUDGE
CA List No.: 1 Sl No.: 54
SMT. SUGUNA
MRS SHANTHA
MR SATHISH
MR DINESH
MISS MALATHI
MR MAHESH
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
