Dismissed

Smt. Yakkamma v. Smt. Mahanthamma

Karnataka HC19 Jan 2024RFA/1972/2023

Case brief

AI extract

What is this about?

Appellants in a regular first appeal against a partition suit decree sought leave to withdraw the appeal with liberty to approach the appropriate legal forum. The memo was taken on record and the appeal was dismissed as withdrawn with liberty.

What did the court decide?

Appeal dismissed as withdrawn with liberty to approach the appropriate legal forum; certified copy of judgment and decree to be returned.

Smt. Yakkamma Vs Smt. Mahanthamma — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1972 OF 2023 (PAR/POS)

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BETWEEN:

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SMT. YAKKAMMA W/O LATE NAGARAJAPPA, AGED ABOUT 67 YEARS, OCC. HOUSE HOLD.

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SHIVAMURTHY S/O LATE NAGARAJAPPA, AGED ABOUT 45 YEARS, OCC.AGRICULTURE.

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Digitally signed by HEMALATHA A Location: High Court of Karnataka

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SMT KUSUMA W/O LATE JAYAPPA, AGED ABOUT 45 YEARS, OCC. HOUSE HOLD.

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KUM. VARSHA D/O LATE JAYAPPA, AGED ABOUT 27 YEARS, OCC. HOUSE HOLD.

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SHIVU

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S/O LATE JAYAPPA, AGED ABOUT 25 YEARS, OCC. AGRICULTURE.

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2 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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SMT. SHANTHAMMA W/O LATE KRISHNAPPA, AGED ABOUT 45 YEARS, OCC. HOUSE HOLD.

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SMT. PARAMMA W/O LATE SIDDAPPA, AGED ABOUT 45 YEARS, OCC. HOUSE HOLD,

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ALL ARE RESIDENTS OF DODDAGHATTA VILLAGE, TALUK. CHANNAGIRI, DISTRICT.DAVANAGERE.

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(THE PLAINTIFF NO:3 DIED DURING THE PENDENCY OF THE SUIT AND HER LRs APPELLANT NO:3 TO 7 ARE ALREADY ON RECORD)

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…APPELLANTS

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(BY SRI. M R HIREMATHAD, ADVOCATE)

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AND:

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SMT. MAHANTHAMMA W/O LATE NARASHIMAPPA, AGE.MAJOR, OCC HOUSEWIFE.

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SHASHIKALA D/O LATE NARASHIMAPPA, AGE.MAJOR, OCC HOUSEWIFE.

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HALAPPA S/O LATE NARASHIMAPPA, AGE.MAJOR, OCC AGRICULTURE.

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VEERAPPA S/O LATE MANJAPPA, AGE.MAJOR, OCC AGRICULTURE.

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3 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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DODDAPPA S/O LATE MANJAPPA, AGE.MAJOR, OCC AGRICULTURE.

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BASAVARAJAPPA S/O LATE MANJAPPA, AGE.MAJOR, OCC AGRICULTURE.

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YALLAMMA W/O LAKSHADAIAH AGE.MAJOR, OCC HOUSEWIFE.

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LAKSHMAMMA W/O LATE MANJAPPA, AGE.MAJOR, OCC HOUSEWIFE.

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RATHNAMMA AGE.MAJOR, OCC HOUSEWIFE.

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10. OMESHI S/O LATE CHANDAPPA AGE MAJOR, OCC. AGRICULTURE.

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YOGESHAPPA

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S/O LATE CHANDAPPA AGE MAJOR, OCC. AGRICULTURE.

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GOWRAMMA W/O SHIVALINGAPPA

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AGE MAJOR, OCC. HOUSEWIFE.

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SHANTHAMMA W/O NAGAPPA AGE MAJOR, OCC. HOUSE HOLD R/O KAMSAGARA VILLAGE,

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4 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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TQ CHANNAGIRI DAVANGERE DISTRICT.

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14. VEENA

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W/O SADASHIVAPPA AGE MAJOR, OCC HOUSEWIFE R/O KAMSAGARA VILLAGE

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TQ CHANNAGIRI DAVANAGERE –DISTRICT.

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15. ANNAPOORNA

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W/O MAHESHAPPA AGE MAJOR, OCC.HOUSE WIFE R/O KAMSAGARA VILLAGE TQ CHANNAGIRI DAVANAGERE DISTRICT.

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SMT. GOWRAMMA W/O MALLESHAPPA

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AGE MAJOR, OCC HOUSEWIFE.

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17. SARVESHAPPA S/O LATE NAGAPPA

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AGE MAJOR, OCC. AGRICULTURE.

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SMT. SUMITRAMMA W/O LATE REVANAPPA AGE MAJOR, OCC. HOUSEWIFE.

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SMT NINGAMMA W/O RAMESH

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AGE MAJOR, OCC. HOUSEWIFE.

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SMT SAROJAMMA W/O PARAMESHAPPA AGE MAJOR, OCC.HOUSEWIFE.

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MANJAPPA S/O LATE REVANAPPA

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5 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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AGE MAJOR, OCC.AGRICULTURE.

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KUSUMA

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W/O LATE CHANDRAPPA AGE MAJOR, OCC.HOUSEWIFE.

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KUM CHAITRA D/O LATE CHANDRAPPA AGE MINOR, OCC.STUDENT.

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KUM RAKSHITHA D/O LATE CHANDRAPPA AGE MINOR, OCC.STUDENT

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RESP. NO:23 AND 24 ARE MINORS AND REPRESENTED BY RESP.NO:22.

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SMT RUDRAMMA W/O LATE HALAPPA AGE MAJOR, OCC.HOUSEWIFE.

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26. RAJAPPA

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S/O LATE HALAPPA

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AGE MAJOR, OCC.AGRICULTURE.

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27. DAYANANDA S/O LATE HALAPPA

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AGE MAJOR, OCC.AGRICULTURE.

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SMT PARVATHAMMA W/O SIDDAPPA

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AGE MAJOR, OCC.HOUSEWIFE.

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CHANDRAPPA S/O SIDDAPPA

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AGE MAJOR, OCC.AGRICULTURE.

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6 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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30. JAGADEESH S/O SIDDAPPA

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AGE MAJOR, OCC.AGRICULTURE.

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31. LAKKAMMA

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W/O LATE HALAPPA

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AGE MAJOR, OCC HOUSEWIFE.

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32. MANJAPPA

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S/O LATE HALAPPA

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AGED MAJOR, OCC ARICULTURE.

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33. MAHESWARAPPA

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S/O LATE HALAPPA

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AGED MAJOR, OCC AGRICULTURE.

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34. KUMARA

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S/O LATE HALAPPA AGED MAJOR, OCC ARICULTURE.

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35. RAVI

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S/O LATE HALAPPA

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AGE MAJOR, OCC AGRICULTURE.

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36. SUSHEELAMMA

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W/O KADAPPARA RAJAPPA AGE MAJOR, OCC HOUSEWIFE RESIDENT OF R/O KAMASAGARA VILLAGE TQ CHANANGIRI, DISRICT DAVANAGERE.

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37. GOWRAMMA

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W/O GOWRAPPARA HALAPPA AGE MAJOR, OCC HOUSEWIFE RESIDENT OF R/O KAMSAGARA VILLAGE TQ CHANNAGIRI, DISTRICT DAVANAERE.

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7 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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38. KARIYAMMA

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W/O NARASIMAPAP UPPAR AGED MAJOR, OCC HOUSEWIFE RESIDNTOF R/O CHIRADONI VILLAGE TQ CHANNAGIRI, DISTIRCT DAVANAGERE.

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SMT RENUKAMMA W/O BASAPPA AGE MAJOR, OCC HOUSEWIFE

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THE RESP. NO:1 TO 12 AND 16 TO 22, 25 TO 35 AND 39 ALL ARE MAJORS R/O DODDAGHTTA VILALE TQ CHANNAGIRI, DIST DAVANAGERE.

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…RESPONDENTS

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RFA IS FILED U/O-41 RULE-1, 2 AND 4 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.08.2023 PASSED IN OS NO. 20/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for the appellants has filed a memo dated 19.01.2024 seeking leave of this Court to withdraw this appeal with liberty to approach the appropriate legal forum.

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8 - NC: 2024:KHC:2555 RFA No. 1972 of 2023

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Memo dated 19.01.2024 is taken on record.

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Accordingly, the appeal is dismissed as withdrawn

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with liberty to approach appropriate legal forum.

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Office is directed to return the certified copy of judgment and decree to the appellants after retaining the

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xerox copy of the same, forthwith.

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Sd/JUDGE

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List No.: 1 Sl No.: 35

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Smt. Yakkamma v. Smt. Mahanthamma

Case brief

What is this about?

What did the court decide?

Smt. Yakkamma v. Smt. Mahanthamma

Case brief

What is this about?

What did the court decide?

What the court decided

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