Dismissed¶53

Smt Varadamma v. Sri T M Chikkamallegowda

Karnataka HC3 Jun 2025RSA/1169/2014

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru - RSA No. 1169 of 2014 (PAR), Justice Ashok S. Kinagi, decided 03.06.2025. Second appeal under Section 100 CPC against the R.A.No.57/2011 judgment/decree dated 28.04.2014 confirming the O.S.No.24/2005 decree dated 05.04.2011 (Addl. Senior Civil Judge, K.G.F.). Appeal earlier abated against respondents 2 and 4 by order dated 17.12.2024. Dismissed as not pressed at admission on the appellants' withdrawal memo, filed after the respondents' suit O.S.No.64/2015 was decreed. No issues framed, no cases cited, no amounts awarded.

What did the court decide?

On the memo filed by learned counsel for the appellants for withdrawal of the appeal, the memo was placed on record and the appeal was dismissed as not pressed. ¶53

Smt Varadamma Vs Sri T M Chikkamallegowda — Karnataka HC (2025) — LawSathi Research

¶1

1 - NC: 2025:KHC:18712 RSA No. 1169 of 2014

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 3^RD DAY OF JUNE, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

¶7

REGULAR SECOND APPEAL NO. 1169 OF 2014 (PAR)

¶8

BETWEEN:

¶9

SMT VARADAMMA W/O LATE PATEL MALLEGOWDA, SINCE DECEASED

¶10

SRI.T.M. NAGABHUSAN,

¶11

SINCE DEAD BY LEGAL REPRESENTATIVES

¶12

SMT. S.K. AMARAVATHI, W/O LATE T.M. NAGABHUSHAN, AGED ABOUT 45 YEARS

¶13

Digitally signed by SUNITHA K S

¶14

Location: HIGH COURT OF KARNATAKA

¶15

SMT. T.N. TEJASWINI D/O LATE T.M. NAGABHUSHAN, W/O SRI PRABHAKAR, AGED ABOUT 28 YEARS

¶16

SMT.T.N. SWETHA D/O LATE T.M. NAGABHUSHAN, W/O SRI SRINIVAS, AGED ABOUT 26 YEARS

¶17

KUM.T.N. PALLAVI D/O LATE T.M. NAGABHUSHAN, AGED ABOUT 25 YEARS

¶18

KUM.T. PRIYANKA D/O LATE T.M. NAGABHUSHAN, AGED ABOUT 19 YEARS

¶19

2 - NC: 2025:KHC:18712 RSA No. 1169 of 2014

¶20

HC-KAR

¶21

ALL ARE R/AT THALUR VILLAGE, BATHAHALLI POST, KAMASAMUDRAM HOBLI, BANGARPET TALUK – 563 101

¶22

…APPELLANTS

¶23

(BY SRI. NAVEEN, ADVOCATE FOR SRI. A MADHUSUDHANA RAO, ADVOCATE)

¶24

AND:

¶25

SRI T M CHIKKAMALLEGOWDA S/O SRI PATEL MALLEGOWDA, AGED ABOUT 63 YEARS

¶26

SRI.T.M. LAKSHMEGOWDA S/O LATE T.M. MALLEGOWDA, AGED ABOUT 48 YEARS

¶27

SRI.T.M. JAGADISH S/O LATE T.M. MALLEGOWDA, AGED ABOUT 43 YEARS

¶28

RESPONDENTS 1 TO 3 ARE R/AT THALUR VILLAGE, BATHLAHALLI POST, KAMASAMUDRAM HOBLI, BANGARPET TALUK – 563 101

¶29

SRI.R. NARAYANAGOWDA S/O LATE BUCHAMMA, (D/O PATEL MALLEGOWDA), AGED ABOUT 65 YEARS, CHA R/AT BUDIMUTLU VILLAGE, VYAPANAHALLI POST, KRISHNAGIRI TALUK, TAMIL NADU – 800 101

¶30

SMT. LAKSHMAMMA W/O LATE K. BASAVEGOWDA, AGED ABOUT 78 YEARS,

¶31

3 - NC: 2025:KHC:18712 RSA No. 1169 of 2014

¶32

HC-KAR

¶33

R/AT YELASANDRA VILLAGE AND POST, BUDIKOTE HOBLI, BANGARPET TALUK KOLAR DISTRICT – 563 101

¶34

SMT. T.V. VENKATAMMA W/O LATE B.M. SAMPANGIGOWDA, AGED ABOUT 76 YEARS, C/O DR.B.S. PRAKASH BABU, PRAKASH HOSPITAL, KOLAR ROAD, BANGARPET KOLAR ROAD – 563 101

¶35

SMT.RUKMANIYAMMA W/O LATE B. RAMAKRISHNAPPA, AGED ABOUT 74 YEARS, R/AT CHADEPALLI VILLAGE, V.KOTA POST, PALAMANER TALUK, ANDHRA PRADESH – 400 801

¶36

SMT.T.M. LAKSHMIDEVAMMA W/O K.M. VENKATASWAMY, AGED ABOUT 66 YEARS, R/AT MANJUNATHA NILAYA SANTHE MAIDANA KOLAR – 563 101

¶37

…RESPONDENTS

¶38

(BY SRI. VIJAY KRISHNA BHAT, ADVOCATE FOR R1, R3, R5 & R7

¶39

R6 & R8 ARE SERVED

¶40

V/O DATED 17.12.2024 APPEAL IS DISMISSED AS ABATED AGAINST R2 & R4)

¶41

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.04.2014 PASSED IN R.A.NO.57/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, K.G.F, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.04.2011

¶42