Regular First Appeal dismissed as withdrawn by the appellant after filing a memorial seeking leave to withdraw. The court accepted the request and disposed of the appeal out of court.
Leave to withdraw the appeal granted; appeal dismissed as withdrawn out of court.
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,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 100016 OF 2017 (PAR/POS-)
BETWEEN:
BASAPPA S/O. GURULINGAPPA BALIGAR, AGE: 62 YEARS, OCC: AGRICULTURE and BUSINESS, R/O: YADAWAD VILLAGE, GOKAK TALUK.
…APPELLANT
(BY SRI. B. V. SOMAPUR, SRI. N. B. SOMAPUR & SRI. C. B. SHAKUNAVALLI, ADVOCATES)
AND:
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA
2(A) SMT. NEELAVVA W/O. RAMANNA BAGANAL, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: YADAWAD VILLAGE, GOKAK TALUK.
2(B) KASTURI W/O. MALAGOUDA BAGEWADI, AGE: 53 YEARS, OCC: HOUSEHOLD,
R/O: YADAWAD VILLAGE, GOKAK TALUK.
2(C) GURULINGAPPA S/O. MALLAPPA BALIGAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: YADAWAD VILLAGE, GOKAK TALUK.
2(D) SMT.ANASAVVA W/O NEERIMALLAPPA ITNAL, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: YADAWAD VILLAGE, GOKAK TALUK.
…RESPONDENTS
(R1-SERVED BUT UNREPRESENTED; R2(A) TO R2 (E) AND R3 – NOTICE IS HELD SUFFICIENT)
THIS RFA FILED UNDER SEC. 96 R/W XLI RULE 1 OF CPC., PRAYING TO CALL FOR RECORDS AND THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK IN O.S.NO.36/2010, DATED 30.11.2016 MAY PLEASED BE SET ASIDE AND SAID SUIT BE DISMISSED WITH COST BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Memo is filed seeking leave of the Court to withdraw
the appeal.
out of Court.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 4 Sl No.: 1
1 provisions across 1 enactments
Basappa S/o. Gurulingappa Baligar
Smt. Kashawwa W/o. Balappa Sakkreppagol
Sri. Mallappa S/o. Gurulingappa Baligar
Smt. Neelavva W/o. Ramanna Baganal
Kasturi W/o. Malagouda Bagewadi
Gurulingappa S/o. Mallappa Baligar
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
