Dismissed¶32

Sri Sesu Gowda v. Sri Dayananda

Karnataka HC3 Jun 2025RSA/1422/2014

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 1422 of 2014 (INJ); Sesu Gowda v. Dayananda, Prakash and Kanchana; coram: Justice Ashok S. Kinagi; decided 03.06.2025; appeal dismissed as withdrawn before admission; delivery warrant in Execution Case No.41/2003 returned unexecuted on 21.02.2024 owing to boundary mismatch with survey sketch; filed under Sec.100 CPC; no merits decided; I.A.No.2/2015 disposed of.

What did the court decide?

Appeal dismissed as withdrawn on the appellant's memo; no relief on merits; I.A.No.2/2015 disposed of as not surviving for consideration. ¶32

Sri Sesu Gowda Vs Sri Dayananda — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:18765 RSA No. 1422 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2025 BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1422 OF 2014 (INJ)

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BETWEEN:

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SRI SESU GOWDA S/O SHANTHAPPA GOWDA, AGED ABOUT 67 YEARS, KANTHAVARA VILLALGE, KARKALA TALUK, UDUPI DIST - 574104.

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…APPELLANT

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(BY SRI. JAYAKARA SHETTY H., ADVOCATE)

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AND:

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SRI DAYANANDA

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AGED ABOUT 40 YEARS, S/O LATE KUSUMA

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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SRI. PRAKASH AGED ABOUT 37 YEARS, S/O LATE KUSUMA,

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SMT. KANCHANA AGED ABOUT 33 YEARS, S/O LATE KUSUMA

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RESPONDENT Nos. 1 TO 3 ARE R/AT MARIGUDI, PAJILA DARKAS HOUSE, KANTHAVARA VILLAGE, KARKALA TALUK-574104, UDUPI DIST.

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…RESPONDENTS

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(BY SRI. PRASANNA V R, ADVOCATE FOR R1 TO R3)

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2 - NC: 2025:KHC:18765 RSA No. 1422 of 2014

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HC-KAR

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.7.2014 PASSED IN R.A.NO.101/2006 ON THE FILE OF SENIOR CIVIL JUDGE & ACJM, KARKALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.2.2003 PASSED IN O.S.NO.323/1999 ON THE FILE OF THE PRL. CILVIL JUDGE (JR.DN) KARKALA.

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

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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The appellant filed a memo for withdrawal of the

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appeal. It is stated that since the bailiff before the executing Court in Execution case No.41/2003 has returned the delivery warrant with his report on 21.02.2024, stating that delivery warrant cannot be executed as the boundaries of the property mentioned in the decree is not tallying with survey sketch as per the report of the Surveyor, and hence, the decree in question has not been executed and in this regard the appellant has filed affidavit in this appeal seeking for withdrawal of the appeal which is produced along with the memo. It is stated that the appellant does not want to press the

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