Dismissed¶¶39

Sri R Rangaswamy v. Sri Rudraiah

Karnataka HC23 Jul 2025RSA/1389/2015

Case brief

AI extract

What is this about?

Withdrawal of second appeal (S.100 CPC) with liberty to file fresh comprehensive suit; disposal by memo at final hearing; reliance on Anathula Sudhakar v. P. Bucchireddy, AIR (2008) 4 SCC 594; dispute between R Rangaswamy and legal representatives of deceased Rudraiah (Nagamma, Bhagyamma, Nagaraja, Nagendra, Jayanna); Bengaluru Rural District / Nelamangala; DEC/INJ case type; no substantive issue adjudicated; all contentions expressly kept open.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to the appellant to file a comprehensive suit; all contentions of the parties kept open. ¶¶39

Sri R Rangaswamy Vs Sri Rudraiah — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:28037 RSA No. 1389 of 2015

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 23^RD DAY OF JULY, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1389 OF 2015 (DEC/INJ)

¶8

BETWEEN:

¶9

SRI. R RANGASWAMY S/O S.RUDRAPPA AGED ABOUT 40 YEARS, R/AT MAGADI MAIN ROAD SUNKADAKATTE, SREE GANDADAKAVAL, VISHWANEDAM POST, BANGALORE.

¶10

REPRESENTED BY SRI. S. RUDRAPPA S/O SRI.SHESHAPPA AGED ABOUT 67 YEARS.

¶11

…APPELLANT

¶12

(BY SRI. SOMASHEKHARAIAH R.P, ADVOCATE)

¶13

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

SRI. RUDRAIAH S/O LATE MUNIKEMPAIAH SINCE DEAD BY LR'S

¶16

1(A). SMT. NAGAMMA, D/O LATE RUDRAIH, AGED ABOUT 55 YEARS,

¶17

1(B). SMT. BHAGYAMMA, D/O LATE RUDRAIAH, AGED ABOUT 53 YEARS,

¶18

1(C). SRI. NAGARAJA, S/O LATE RUDRAIAH,

¶19

2 - NC: 2025:KHC:28037 RSA No. 1389 of 2015

¶20

HC-KAR

¶21

AGED ABOUT 51 YEARS,

¶22

1(D). SRI. NAGENDRA S/O LATE RUDRAIAH, AGED ABOUT 51 YEARS,

¶23

1(E) SRI. JAYANNA, S/O LATE RUDRAIAH, AGED ABOUT 47 YEARS,

¶24

ALL ARE RESIDING AT BYLAKONENAHALLI, DASANAPURA HOBLI, BANGALORE NORTH TALUK

¶25

…RESPONDENTS

¶26

(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R AND ALSO FOR R1(A TO E))

¶27

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.06.2015 PASSED IN R.A NO.4/2015 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 22.11.2014 PASSED IN O.S NO.121/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA.

¶28

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

¶29

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

¶30

ORAL JUDGMENT

¶31

After arguing the matter for some time, learned

¶32

counsel for the appellant filed a memo seeking leave of the

¶33

3 - NC: 2025:KHC:28037 RSA No. 1389 of 2015

¶34

HC-KAR

¶35

Court to withdraw the appeal with liberty to file a comprehensive suit as per the proposition laid down by the Hon'ble Apex Court in the case of ANATHULA SUDHAKAR VS.

¶36

P. BUCCHIREDDY (DEAD) BY LRS AND OTHERS reported in

¶37

AIR (2008) 4 SCC 594.

¶38