H K Umeshappa v. Eshwaraiah
Case brief
What is this about?
RSA No. 1242 of 2015; High Court of Karnataka at Bengaluru; Hon'ble Mr Justice Ashok S.Kinagi; decided 09-06-2025; NC: 2025:KHC:19541; second appeal under Sec.100 CPC dismissed as withdrawn with liberty to file fresh suit on same cause of action in representative capacity; reference to Order 1 Rule 8 CPC in withdrawal memo; impugned judgment and decree 22.11.2013 in R.A No.42/2013 (Senior Civil Judge, Harihar) setting aside decree dated 05.04.2013 in O.S No.34/2007 (Civil Judge and JMFC, Honnali); IA No.2/2015 disposed; appellants H.K. Umeshappa, H.S. Karibasappa; respondents Eshwaraiah, Secretary and President Gram Panchayath H. Kadakatte Village, President SDMC Committee L.P.S. H. Kadadakatte; Honnalli/Davangere; advocates Sri. G. Nataraj and Sri. P.M. Siddamallappa.
What did the court decide?
Appeal dismissed as withdrawn, with liberty to the appellants to file a fresh suit on the same cause of action in a representative capacity; pending IA No.2/2015 stands disposed of.