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B.K. Viswanath Vs N.V. Krishnamachari — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
B.K. Viswanath Vs N.V. KrishnamachariB.K. Viswanath v. N.V. Krishnamachari

Dismissed¶50

B.K. Viswanath v. N.V. Krishnamachari

Karnataka HC23 Jun 2025RSA/1345/2015

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; NC: 2025:KHC:21817; RSA No. 1345 of 2015 (PAR); decided 23.06.2025 by Ashok S. Kinagi, J. Second appeal under Section 100 CPC by B.K. Viswanath against dismissal of his first appeal (R.A No.19/2011, Prl. Senior Civil Judge and CJM, Chickballapur) confirming the decree dated 29.10.2010 in O.S No.212/2007 (Civil Judge and JMFC, Bagepalli). Appeal not adjudicated on merits: dismissed as withdrawn on the appellant's memo dated 19.06.2025 citing advice of family well-wishers and elders; pending interlocutory applications disposed of. Respondent No.1 (N.V. Krishnamachari) died during pendency and respondents 2-8, 10, 11 were recorded as his legal representatives; appeal earlier dismissed against respondent No.4 (order dated 24.08.2023); G.R Lakshmipathi Reddy appeared for respondent No.8. Of record value only as a withdrawal; contains no ratio on the underlying property dispute.

What did the court decide?

The memo filed by the learned counsel for the appellant for withdrawal of the appeal is taken on record and the appeal is dismissed as withdrawn. ¶50

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

The memo filed by the learned counsel for the appellant for withdrawal of the appeal is taken on record and the appeal is dismissed as withdrawn.

Key takeaways

In view of the disposal of the appeal, all pending interlocutory applications, if any, stand disposed of.ratio¶51

Detailed headnote1 paragraphs

Regular Second Appeal under Section 100 CPC (RSA No. 1345 of 2015 (PAR)) by B.K. Viswanath against the judgment and decree dated 17.04.2015 in R.A No.19/2011 (Prl. Senior Civil Judge and CJM, Chickballapur), whereby his first appeal against the judgment and decree dated 29.10.2010 in O.S No.212/2007 (Civil Judge and JMFC, Bagepalli) had been dismissed. When the appeal came up for orders, counsel for the appellant filed a memo dated 19.06.2025 seeking withdrawal of the appeal in order to end litigations between the parties on the advice of well-wishers and elders in the family. The Court took the memo on record, dismissed the appeal as withdrawn, and disposed of all pending interlocutory applications. No question of law or fact was adjudicated. (Ashok S. Kinagi, J.)

A

1 -

NC: 2025:KHC:21817 RSA No. 1345 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 1345 OF 2015 (PAR)

BETWEEN:

B.K. VISWANATH S/O N.V. KRISHNAMACHARI, AGED ABOUT 64 YEARS, R/O ASSESSMENT NO. 363, SRIRAMA BAJANEMANDIRA ROAD, 3^RD BLOCK, BAGEPALLI TOWN, NOW R/AT NO. P-127, 8^TH MAIN, HAL 3^RD PHASE, 12^TH SECTOR, JEEVANABHIMANAGAR, BANGALORE 560 075

…APPELLANT

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

(BY SRI. JAGADEESH D C., ADVOCATE) AND:

N.V. KRISHNAMACHARI S/O LATE VENKATARAYACHAR, SINCE DECEASED REP. BY LRS

K. JAYAPRAKASH S/O N.V. KRISHNAMACHARI, AGED ABOUT 68 YEARS, R/O 7^TH CROSS ROAD, PRIYADARSHANI BADAVANE, PRIYADARSHANI EXTENSION, MOODALAPALYA, NAGARABHAVI ROAD, BANGALORE-560 072

2 - NC: 2025:KHC:21817 RSA No. 1345 of 2015

HC-KAR

B.L. SRINIVASA BABU S/O LATE K. LOKANATH, AGED ABOUT 31 YEARS, KONAPALLI VILLAGE & HOBLI, AMBAJIDURGA POST, CHINTAMANI TALUK-563125.

K. NAGARAJ S/O N.V. KRISHNAMACHARI, AGED ABOUT 58 YEARS, OFFICE OF WOMEN & CHILD DEVELOPMENT PROJECT, MALAVALLI, MANDYA DISTRICT-571430.

K. VISHNUVARDHAN S/O N.V. KRISHNAMACHARI AGED ABOUT 53 YEARS, R/AT NO. 472, 10^TH "B" MAIN ROAD, YELAHANKA NEW TOWN, BANGALORE-560 064.

SMT. B.K. MANORANJANAMMA AGED ABOUT 52 YEARS, R/AT NO. 145, ATHRI NIVAS, 1^ST MAIN ROAD, KEMPEGOWDANAGARA, BANGALORE-560 019.

SMT. B.K. CHANDRAKALA W/O S. LINGACHAR, AGED ABOUT 51 YEARS, R/AT NO.6/3, 17^TH CROSS, LAKKASANDRA, BANGALORE-560 029.

K. LAKASHMIRANI W/O S. NANJUNDACHAR, AGED ABOUT 49 YEARS, R/AT 239, 1^ST FLOOR,

3 - NC: 2025:KHC:21817 RSA No. 1345 of 2015

HC-KAR

2^ND MAIN ROAD, 5^TH CROSS ROAD, KEMPEGOWDANAGARA, BANGALORE-560 019.

B.V. NARASIMHAMURTHY S/O VENKATARAYAPPA, AGED ABOUT 35 YEARS, 9^TH WARD, SANTHE BEEDI, (STATE BANK OF MYSORE ROAD), BAGEPALLI-561207.

SMT. LALITHAMMA W/O LATE K. LOKNATH, AGED ABOUT 51 YEARS, D-GROUP EMPLOYEE, K.P.T.C.L., URBAN SUD-DIVN., CHINTAMANI-563125.

SMT. SARALADEVI, W/O VASUDEV, AGED ABOUT 43 YEARS, D/O LOKANATH, C/O SOCIETY KRISHNAPPA, KANNAMANGALA VILLAGE, BANGALORE EAST TALUK, BANGALORE-560 084.

S SRINIVASACHARI S/O ANJANACHARI AGED ABOUT 35 YEARS, GOLDSMITH OPP: TO SRI RAMA BHAJANEMANDIRA BHAJANE MANDIRA STREET 11^TH WARD BAGEPALLI – 561207

SMT NAGARATHNAMMA @ RATHNAMMA W/O P GANGADHARACHARI AGED ABOUT 29 YEARS GOLDSMITH

4 - NC: 2025:KHC:21817 RSA No. 1345 of 2015

HC-KAR

OPP: TO SRI RAMA BHAJANE MANDIRA BHAJANE MANDIRA STREET 11^TH WARD BAGEPALLI TOWN - 561207

…RESPONDENTS

(BY SRI. G.R LAKSHMIPATHI REDDY, ADVOCATE FOR R8 R3, R7, R9, R10, R11, R12, R13 ARE SERVED V/O DATED 24.08.2023 SERVICE OF NOTICE TO R2 IS H/S V/O DATED 28.01.2019 NOTICE TO R5 & R6 IS H/S V/O DATED 1.09.2023 APPEAL IS DISMISSED AGAINST R4 V/O DATED 24.08.2023 R2 TO R8 & R10, R11 ARE LEGAL REPRESENTATIVES OF DECEASED R1)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.04.2015 PASSED IN R.A NO.19/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM., CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.10.2010 PASSED IN O.S NO.212/2007 ON THE FILE OF THE CIVIL JUDGE AND JMFC., BAGEPALLI.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

The learned counsel for the appellant filed a memo

dated 19.06.2025 for withdrawal of the appeal. It is stated therein that in order to put an end to the

litigations between the appellant and the respondents, on the advice of the well-wishers and

5 -

NC: 2025:KHC:21817 RSA No. 1345 of 2015

HC-KAR

elders in the family members, the memo be accepted

and the appeal may be dismissed as withdrawn.

The memo is taken on record and the appeal is

dismissed as withdrawn .

In view of the disposal of the appeal, all pending interlocutory applications, if any, stand disposed of.

Sd/(ASHOK S.KINAGI) JUDGE

RK CT:KHV List No.: 1 Sl No.: 28

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Section 100¶37

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 17.04.2015 in R.A No.19/2011 dismissing the first appeal and confirming the judgment and decree dated 29.10.2010 in O.S No.212/2007.¶37
Prl. Senior Civil Judge and CJM., Chickballapur · 17.04.2015
Prior proceeding
Original suit O.S No.212/2007 before the Civil Judge and JMFC, Bagepalli, ended in judgment and decree dated 29.10.2010, which the first appellate court confirmed.¶37
Prior proceeding
Learned counsel for the appellant filed a memo dated 19.06.2025 for withdrawal of the appeal, stating it was intended to end litigations between the parties on the advice of well-wishers and elders in the family.¶42
Prior proceeding
By order dated 24.08.2023 the appeal stood dismissed against respondent No.4.¶36
Prior proceeding
Respondents 2 to 8 and 10, 11 are legal representatives of deceased respondent No.1 (N.V. Krishnamachari).¶36

Parties & counsel

AI extract

appellant
B.K. VISWANATH S/O N.V. KRISHNAMACHARI¶10
Jagadeesh D C
respondent
N.V. KRISHNAMACHARI S/O LATE VENKATARAYACHAR, SINCE DECEASED REP. BY LRS¶14
respondent
K. JAYAPRAKASH S/O N.V. KRISHNAMACHARI¶15
respondent
B.L. SRINIVASA BABU S/O LATE K. LOKANATH¶18
respondent
K. NAGARAJ S/O N.V. KRISHNAMACHARI¶19
respondent
K. VISHNUVARDHAN S/O N.V. KRISHNAMACHARI¶20
respondent
SMT. B.K. MANORANJANAMMA¶21
respondent
SMT. B.K. CHANDRAKALA W/O S. LINGACHAR¶22
respondent
K. LAKASHMIRANI W/O S. NANJUNDACHAR¶23
G.R Lakshmipathi Reddy
respondent
B.V. NARASIMHAMURTHY S/O VENKATARAYAPPA¶27
respondent
SMT. LALITHAMMA W/O LATE K. LOKNATH¶28
respondent
SMT. SARALADEVI, W/O VASUDEV¶29
respondent
S SRINIVASACHARI S/O ANJANACHARI¶30
respondent
SMT NAGARATHNAMMA @ RATHNAMMA W/O P GANGADHARACHARI¶31

Coram

AI extract

Ashok S.Kinagiauthor¶39

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 23 Jun 2025 · June
Registered: 7 Aug 2015
Case no.: RSA/1345/2015
CNR: KAHC010376662015
Bench: Ashok S.kinagi
Disposal: DISMISSED
Case type: REGULAR SECOND APPEAL (PAR)

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Cite this judgement

B.K. Viswanath v. N.V. Krishnamachari, RSA/1345/2015 (KA), decided on 23 June 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Section 100

View all statutes

Procedural history5

Judgment and decree dated 17.04.2015 in R.A No.19/2011 dismissing the first appeal and confirming the judgment and decree dated 29.10.2010 in O.S No.212/2007.Prl. Senior Civil Judge and CJM., Chickballapur · 17.04.2015
Original suit O.S No.212/2007 before the Civil Judge and JMFC, Bagepalli, ended in judgment and decree dated 29.10.2010, which the first appellate court confirmed.
Learned counsel for the appellant filed a memo dated 19.06.2025 for withdrawal of the appeal, stating it was intended to end litigations between the parties on the advice of well-wishers and elders in the family.

View full history

Bench / Coram

Ashok S.Kinagi

Parties & counsel