Second Appealel filed against the Cur Court allowed the appeal and set aside the order of Court, entitled a party to withdraw. Court has granted leave to withdraw the appeal. Order dismissed as withdrawn.
Leave to withdraw the instant appeal granted and the appeal dismissed as withdrawn.
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 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 977 OF 2013 (PAR)
BETWEEN:
MARIYAMMA, SINCE DEAD BY LRS
D/O LATE RACHANAIAKA, W/O MAHADEVANAIKA, AGED ABOUT 52 YEARS, R/AT HALEBEEDU VILLAGE, HUNSUR TALUK, MYSORE - 570 001.
Digitally signed by GAYATHRI N Location: High Court of Karnataka
2.. NAGAMMA, D/O LATE RACHANAIAKA, W/O NANJUNDANAIKA, AGED ABOUT 49 YEARS, R/A YELWALA VILLAGE, YELWALA HOBLI, MYSORE TALUK, MYSORE - 570 001.
3.. THAYAMMA,
D/O LATE RACHANAIAKA, AGED ABOUT 46 YEARS, R/A HOSAHALLI VILLAGE, H.D. KOTE TALUK, MYSORE DISTRICT - 570 001.
…APPELLANTS
(BY SRI. NARENDRA D V GOWDA, ADVOCATE)
AND:
ALL ARE R/A YELWALA VILLAGE,
YELWALA HOBLI,
MYSORE TALUK AND DISTRICT - 570 001.
8(B)(A) CHANNAMMA, W/O LATE SANNANAIKA, AGED ABOUT 51 YEARS, R/AT KEELANAPURA VILLAGE AND HOBLI, MYSORE TALUK AND DISTRICT - 570 001.
8(B)(B) SIDDAMMA,
D/O LATE SANNANAIKA, AGED ABOUT 36 YEARS, R/A RAMENAHALLI VILLAGE, KASABA HOBLI,
MYSORE TALUK AND DISTRICT - 570 001.
S/O LATE SANNANAIKA, AGED ABOUT 34 YEARS, R/AT YELWALA VILLAGE AND HOBLI, MYSORE TALUK AND DISTRICT - 570 001.
D/O LATE SANNANAIKA, AGED ABOUT 31 YEARS, R/AT YELWALA VILLAGE AND HOBLI, MYSORE TALUK AND DISTRICT - 570 001.
D/O LATE SANNANAIKA, AGED ABOUT 30 YEARS, R/A YELWALA VILLAGE AND HOBLI, MYSORE TALUK AND DISTRICT - 570 001.
8(C) AND 8(D) ARE R/A YELWALA VILLAGE AND HOBLI, MYSORE TALUK AND DISTRICT - 570 001.
| 10. | RACHANAIKA @ RAJANNAIAKA, S/O LATE RACHANAIKA @ MARIYAMMA, AGED ABOUT 62 YEARS, YELWALA VILLAGE AND HOBLI, MYSORE TALUK - 570 001. |
|---|---|
| 11. | SIDDANAIKA, SINCE DEAD BY LRS |
| 11(A). | PUTTAMMA, W/O LATE SIDDANAYAKA, AGED ABOUT 64 YEARS. |
| 11(B). | NAGAMANI, D/O LATE SIDDANAYAKA, AGED ABOUT 46 YEARS. |
| 11(C). | BYRAVA, S/O LATE SIDDANAYAKA, AGED ABOUT 44 YEARS. |
| 12. | MADAMMA, W/O LATE RACHANAIKA, AGED ABOUT 56 YEARS. |
| 13. | BHYRANAIKA, S/O LATE RACHANAIKA, AGED ABOUT 41 YEARS. |
| ALL ARE R/AT | |
| YELWALA VILLAGE AND HOBLI, | |
| MYSORE TALUK AND DISTRICT - 570 001. |
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.01.2013 PASSED IN RA NO.129/2012 ON THE FILE OF THE C/C VI ADDL. DISTRICT JUDGE, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 14.02.2012 PASSED IN OS NO.1213/2006 ON THE FILE OF THE IV ADDL. SR. CIVIL JUDGE, MYSORE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellants files a memo today seeking leave of this Court to withdraw the instant appeal. He further submits that similar relief as sought herein was sought in RSA No.517/2013 by some of the respondents herein and the same has been allowed in favour of those respondents. Hence the appellants also being beneficiaries to the said order, seeks leave of the Court to withdraw the instant appeal.
2. Placing the submission of learned counsel for the
appellants and the memo on record, the instant appeal is dismissed as withdrawn.
Sd/JUDGE
NG List No.: 1 Sl No.: 16 CT:SNN
Devamma
Nagamma
Thayamma
SannanaiKa
ByranaiyaKa
Manchamma
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
