Disposed¶3

Ramesha v. Bommarayegowda

Karnataka HC24 Jun 2025RSA/468/2014

Case brief

AI extract

What is this about?

RSA No. 468 of 2014 (INJ), High Court of Karnataka, decided 24-06-2025 by Ashok S. Kinagi, J.; appellant Ramesha s/o Malegowda versus respondents Bommarayegowda, Swamygowda and Rajegowda s/o Bommarayegowda of Madapura Village, Saligrama Hobli, K R Nagar Tq, Mysore District; appeal under S.100 CPC; suit O.S.No.185/2005 (Civil Judge & JMFC, Krishnarajanagar, decree 17.4.2012) dismissed as withdrawn with liberty to file a comprehensive suit pursuant to counsel's memo citing Anathula Sudhakar v. P. Buchi Reddy, (2008) 4 SCC 594; first appeal R.A.No.11/2012 (Senior Civil Judge & JMFC, K.R.Nagar, decree 9.10.2012) had been allowed; appeal and I.A.No.2/2014 disposed of.

What did the court decide?

Suit dismissed as withdrawn with liberty to file a comprehensive suit; second appeal disposed of and I.A.No.2/2014 disposed of. ¶3

Ramesha Vs Bommarayegowda — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:21990 RSA No. 468 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 24^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 468 OF 2014 (INJ)

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BETWEEN:

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RAMESHA S/O MALEGOWDA AGED ABOUT 54 YEARS RESIDENT OF MADAPURA VILLAGE SALIGARAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602.

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…APPELLANT

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(BY SRI. ANAGHA NARASIMHA C.N., FOR SRI. P.B. AJIT., ADVOCATES)

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AND:

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

1. BOMMARAYEGOWDA

S/O BOMMARAYEGOWDA

AGED ABOUT 80 YEARS

RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602.

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2. SWAMYGOWDA

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S/O BOMMARAYEGOWDA AGED ABOUT 78 YEARS RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ

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NC: 2025:KHC:21990 RSA No. 468 of 2014

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HC-KAR

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MYSORE DISTRICT-571 602.

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3. RAJEGOWDA

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S/O BOMMARAYEGOWDA AGED ABOUT 63 YEARS RESIDENT OF MADAPURA VILLAGE SALIGRAMA HOBLI K R NAGAR TQ MYSORE DISTRICT-571 602.

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…RESPONDENTS (BY SRI. G M ANANDA.,ADVOCATE FOR R1 TO R3) THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 9.10.2012 PASSED IN R.A.NO.11/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., K.R.NAGAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD: 17.4.2012 PASSED IN OS.NO.185/2005 ON THE FILE OF THE CIVIL JUDGE & JMFC., KRISHNARAJANAGAR.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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After arguing the matter for sometime, learned

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counsel for the appellant filed a memo seeking leave of the

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Court to withdraw the suit with liberty to file a comprehensive suit in view of the law laid down by the Hon’ble Apex Court in the case of Anathula Sudhakar

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Vs. P. Buchi Reddy (dead) by legal representatives

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and others reported in 2008 (4) SCC 594 .

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NC: 2025:KHC:21990 RSA No. 468 of 2014

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HC-KAR

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