Appellants in a regular second appeal sought permission to withdraw the appeal with liberty to file a suit for declaration. The court granted permission, and the appeal was dismissed as withdrawn.
Permission granted to withdraw the appeal with liberty to file a suit for declaration.
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 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 887 OF 2019 (INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
APPELLANT NOS.1 TO 4 ARE RESIDING AT “NEELAMMA NILAYA” POST KUNJAL, AROOR VILLAGE UDUPI TALUK
APPELLANT NO.5 IS THE WIDOW AND APPELLANT NOS.6 TO 8 ARE THE CHILDREN OF LATE AROOR RAGHURAM SHETTY, WHO IS SON OF LATE BOOBA ALIAS NEELAMMA SHEDTHI
AND ALL ARE RESIDING AT MABUKALA HOUSE, MABUKALA, UDUPI TALUK AND DISTRICT-576 213.
APPELLANT NO.10 IS THE WIDOW AND APPELLANT NOS.11 TO 13 ARE THE CHILDREN OF LATE SHANKAR ALIAS AROOR SHEKAR SHETTY, WHO IS THE SON OF LATE BOOBA ALIAS NEELAMMA SHEDTHI,
APPELLANT NOS.10 TO 13 ARE RESIDING AT VANTIYALA MELAMANE, POST PERDOOR, UDUPI TALUK AND DISTRICT-576 213.
VINAYAKA LAYOUT, HEBBAL KEMPAPURA, BANGALORE-560 024.
AGED ABOUT 19 YEARS,
APPELLANT NOS.15 TO 24 ARE RESIDING AT OPP: M.A.D.B., NEAR MALNAD BATTERY, SHARAVATHINAGAR, SHIMOGA.
AGED ABOUT 20 YEARS,
APPELLANT NOS.26 TO 28 ARE RESIDING AT “NEELAMMA NILAYA”, POST KUNJAL, AROOR VILLAGE, UDAPI TALUK-576 213.
APPELLANT NOS.30 TO 32 ARE CHILDREN OF SAAKU @ SHAKUNTALA SHETTY,
AGED ABOUT 14 YEARS, MINORS REPRESEBTED BY THEIR MOTHER/NATURAL GUARDIAN RESIDING AT “NEELAMMA NILAYA”, POST KUNJAL, AROOR VILLAGE, UDAPI TALUK-576 213.
APPELLANT NOS.35 AND 36 ARE CHILDREN OF NO.34,
APPELLANT NOS.34 TO 36 ARE RESIDING AT NO.105, SKYLINE APARTMENTS, 6TH BLOCK, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE-560 072.
APPELLANT NO.38 MR. THIMMAPPA SHETTY.
…APPELLANTS
(BY SRI DINESH RAO N., ADVOCATE)
AND:
RESPONDENT NO.1 IS THE WIFE OF RESPONDENT NO.2
RESPONDENT NOS.3 AND NO.4 ARE THE CHILDREN
OF LATE ANANDA SHETTY
AND ARE RESIDING AT BELKALA TIRUMATTU, POST KRODASHRAMA, KALYANAPURA VILLAGE, UDUPI TALUK-576 213.
RESPONDENT NOS.5 TO 8 ARE CHILDREN OF KORATHI SHEDTHY R/AT MEL ADAPU HOUSE, AROOR VILLAGE, UDUPI TALUK-576 213.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.01.2019 PASSED IN R.A.NO.36/2010 ON THE FILE OF THE ADDL. SENIRO CIVIL JUDGE AND ACJM, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.06.2010 PASSED IN O.S.NO.103/2001 ON THE FILE OF THE PRL . CIVIL JDUGE (JR. DN) UDUPI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
seeking permission of this Court to withdraw the appeal with liberty to file a suit for declaration.
NC: 2023:KHC:27835 RSA No. 887 of 2019
In terms of the memo, the appeal is dismissed as withdrawn with liberty as sought.
Sd/JUDGE
ST List No.: 1 Sl No.: 9
Rudramma Shetty
Amba Shetty
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
