Dismissed¶55

Sri N J Basavaraju v. Rajanna

Karnataka HC7 Feb 2025RSA/491/2012

Case brief

AI extract

What is this about?

Withdrawal of Regular Second Appeal; appeal dismissed as withdrawn on appellant's memo dated 07.01.2025; RSA No. 491 of 2012 (DEC/INJ); High Court of Karnataka at Bengaluru; Hon'ble Mr. Justice K. Natarajan; decided 07.02.2025; filed under S.100 CPC; underlying proceedings: O.S.No.250/1998 (decree 28.02.2007, II Addl. Judge (Jr.Dn.) & JMFC Mysuru) and R.A.No.622/2010 (decree 28.11.2011, I Addl. District Judge, Mysuru); parties: N.J. Basavaraju (appellant) v. Rajanna (since deceased, through LRs) and others; no merits adjudication; pending interlocutory applications held not to survive.

What did the court decide?

Leave to withdraw the appeal; appeal dismissed as withdrawn, with no adjudication on merits. ¶55

Sri N J Basavaraju Vs Rajanna — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:5551 RSA No. 491 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE K.NATARAJAN

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REGULAR SECOND APPEAL NO.491 OF 2012 (DEC/INJ)

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BETWEEN:

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SRI. N.J. BASAVARAJU S/O JAVAREGOWDA, AGED 56 YEARS, CHAIRMAN, GROUP PANCHAYATHI, NAGANAHALLI, NAGANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU.

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…APPELLANT

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(BY SRI. MANMOHAN P.N., ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka

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RAJANNA SINCE DECEASED REP. BY LRS.

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1(a). SMT. NAGARATHNAMMA W/O LATE RAJANNA AGED ABOUT 57 YEARS

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1(b). SRI. YOGESH S/O LATE RAJANNA AGED ABOUT 40 YEARS

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1(c). SRI. VINOD S/O LATE RAJANNA AGED ABOUT 38 YEARS

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NC: 2025:KHC:5551 RSA No. 491 of 2012

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1(d). SRI. SANTOSH S/O LATE RAJANNA AGED ABOUT 35 YEARS

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1(e). SRI. VIKAS S/O LATE RAJANNA AGED ABOUT 30 YEARS

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RESPONDENTS NO.1(a) TO 1(e) ARE RESIDING AT NO.L-14, 3^RD CROSS, PENSION BLOCK, HOSAKESARE MYSURU - 07.

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SMT. NANJAMMA W/O LATE PUTTAMADAPPA, AGED ABOUT 74 YEARS, R/AT NO.4803, 1^ST CROSS, BASAVESHWARA ROAD, RAJENDRA NAGAR, MYSURU.

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SRI. MADAPPA S/O LATE SUBBANNA, AGED ABOUT 54 YEARS, R/AT NO.4805, 1^ST CROSS, BASAVESHWARA ROAD, RAJENDRA NAGAR, MYSURU.

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SRI. MAHADEVAPPA S/O. THAMMALAHAPPA, AGED ABOUT 69 YEARS, R/A. NO.4804, 1^ST CROSS, BASAVESHWARA ROAD, RAJENDRA NAGAR, MYSURU.

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NC: 2025:KHC:5551 RSA No. 491 of 2012

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SRI NANJAPPA S/O. DODDE, AGED ABOUT 69 YEARS, R/A. NO.4456, 7^TH CROSS, ST. MARY'S ROAD, N.R. MOHALLA, MYSURU.

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SMT. PUTTAMMA W/O. LATE VENKATAPPA, AGED ABOUT 69 YEARS, R/AT NO.4467, 7^TH CROSS, ST. MARY'S ROAD, N.R. MOHALLA, MYSURU.

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S. SHAMBHUGOWDA SINCE DEAD BY LRS

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SMT. MANGALAMMA W/O LATE S. SHAMBHUGOWDA, AGED ABOUT 44 YEARS, R/A NO.4456, 7^TH CROSS, ST. MARY'S ROAD, N.R. MOHALLA, MYSURU.

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SRI. GAJENDRA S/O LATE SHAMBHUGOWDA, AGED ABOUT 24 YEARS, R/A NO.4456, 7^TH CROSS, ST. MARY'S ROAD, N.R. MOHALLA, MYSURU.

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SRI. RAMEGOWDA S/O LATE CHIKKAHONNEGOWDA, AGED ABOUT 59 YEARS, R/A. NO.630, KESARE VILALGE, KASABA HOBLI, MYSURU TALUK, MYSURU.

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NC: 2025:KHC:5551 RSA No. 491 of 2012

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SRI MAHADEVU S/O. MAHALINGAIAH, AGED ABOUT 64 YEARS, R/A. KAMANAKERE HUNDI, KASABA HOBLI, RAMMANAHALLI POST, MYSURU TALUK

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…RESPONDENTS

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(R1(a)SERVED & UNREPRESENTED;

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V/O DATED 07.03.2014 NOTICE TO R3 IS

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HELD SUFFICIENT;

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V/O DATED 30.04.2014 R1(c) ABATED;

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V/O DATED 20.03.2014 R2, R4 & R6 ARE DELETED;

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V/O DATED 24.04.2014 NOTICE TO R5, R7 & R8 IS HELD SUFFICIENT;

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V/O DATED 25.06.2014 NOTICE TO R1(b), R1(d), R1(e) IS HELD SUFFICIENT;

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R9 & R10 ARE SERVED & UNREPRESENTED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 28.11.2011 PASSED IN R.A.NO.622/2010 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 28.02.2007 PASSED IN O.S.NO.250/1998 ON THE FILE OF THE II ADDITIONAL. JUDGE (JR.DN) & JMFC., MYSURU.

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NC: 2025:KHC:5551 RSA No. 491 of 2012

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE K.NATARAJAN

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ORAL JUDGMENT

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