Regular second appeal under Section 100 CPC against a first appellate decree in a suit of 2002. Counsel for the appellants filed a memo stating the appeal was not pressed; the High Court dismissed the appeal as not pressed.
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.
NC: 2024:KHC:13052 RSA No. 2085 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 2085 OF 2011 (DEC)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT ARALIKOPPA VILLAGE, KALMANE POST, SAGARTALUK, SHIMOGA DISTRICT-577401
SAGAR TALUK, SHIMOGA DISTRICT-577401
SINCE DEAD BY HIS LRS
BOTH ARE RESIDING AT NO.33, ARALIKOPPA VILLAGE, KALMANE POST, SAGAR TALUK, SHIMOGA DISTRICT-577401
S/O LATE KOLLAGOWDA, AGED ABOUT 54 YEARS, R/AT No.31, ARALIKOPPA, KALMANE (POST), SAGARA TALUK, SHIMOGA-577401.
S/O KOLLAGOWDA, AGED ABOUT 46 YEARS, R/AT No.32, ARALIKOPPA, KALMANE (POST), SAGARA TALUK, SHIMOGA-577401.
D/O KOLLAGOWDA, AGED ABOUT 48 YEARS, R/AT No.103, HALASINAGHATTA, HULEGARU, SASARAVALLI, SAGARA TALUK, SHIMOGA-577401.
AGED ABOUT 56 YEARS, S/O KANNAGOWDA, R/O ARALIKOPPA VILLAGE, KALMANE POST, SAGAR TALUK, SHIMOGA DISTRICT-577401
…APPELLANTS
[BY SRI PRASHANTH G, ADVOCATE FOR
APPELLANT NO.1(a & b), APPELLANT NO.2, APPELLANT NO.3, APPELLANT NO.4(a & b), APPELLANT NO.5(a to c) & APPELLANT NO.6]
AND:
1. DALAVAI DANAPPA
S/O BASALINGAPPA SHETTY, AGED ABOUT 59 YEARS, R/O MARKET ROAD, SAGAR TOWN, SHIMOGA DISTRICT-577401
…RESPONDENT (BY SRI MAHESH R. UPPIN, ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 9.8.2011 PASSED IN R.A.NO.115/2005 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., SAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.7.2005 PASSED IN O.S.NO.107/2002 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) SAGARA.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has filed a memo stating that the appeal may be dismissed as not pressed. Hence, in view of the memo, the appeal is dismissed as not pressed.
Sd/JUDGE
RHS List No.: 1 Sl No.: 15
1 provisions across 1 enactments
Ramappa @ Ramakrishna (since dead by his LRs)
Iswarappa
Narayana
Krishnappa (since dead by his LRs)
Smt. Lakshmamma (dead by her LRs')
Dalavai Danappa
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
