Dismissed¶48

Smt Priya v. Smt Jayamma

Karnataka HC22 Jul 2026RSA/1320/2025

Case brief

AI extract

What is this about?

Karnataka High Court 2026; RSA No. 1320 of 2025 (PAR/INJ); Section 100 CPC; second appeal withdrawn by memo; dismissed as withdrawn with liberty; R.A.No.65/2019 (Principal District and Sessions Judge, Mandya, judgment/decree dated 25.04.2025); O.S.No.65/2016 (II Addl Senior Civil Judge and JMFC, Mandya, judgment/decree dated 19.03.2019); appellants Smt Priya and Smt Baby d/o Late Ramesha (advocate Sunil S. Rao); respondents Smt Jayamma, Smt Sudha, Sri K Shivanna, Sri K. Sunil Kumar; advocates Shashank K C (R1) and Bharat.B (R2); final decree proceedings liberty; Justice V Srishananda; CNR KAHC010553052025.

What did the court decide?

Appeal dismissed as withdrawn; liberty granted to appellants to agitate further claims, if any, in the Final Decree proceedings. ¶48

Smt Priya Vs Smt Jayamma — Karnataka HC (2026) — LawSathi Research

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HC-KAR NC: 2026:KHC:37905 RSA No. 1320 of 2025

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CNR: KAHC010553052025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA

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REGULAR SECOND APPEAL NO.1320 OF 2025 (PAR/INJ)

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BETWEEN:

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SMT PRIYA D/O LATE RAMESHA AGED ABOUT 30 YEARS,

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SMT. BABY D/O LATE RAMESHA AGED ABOUT 28 YEARS,

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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BOTH ARE RESIDING C/O T. KRISHNA S/O THIMMEGOWDA, KADALURU VILLAGE, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT-571433

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(BY SRI SUNIL S. RAO, ADVOCATE)

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…APPELLANTS

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AND:

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SMT JAYAMMA W/O CHIKKARAMU @ RAMU @ RAMEGOWDA, AGED ABOUT 74 YEARS, NOW RESIDING AT C/O DORERAJU, 7^TH CROSS, GANDHI NAGAR, MANDYA-571401

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SMT. SUDHA W/O NAGARAJA

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NC: 2026:KHC:37905 RSA No. 1320 of 2025

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HC-KAR

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CNR: KAHC010553052025

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D/O CHIKKARAMU @ RAMAIAH, @RAMEGOWDA, AGED ABOUT 49 YEARS, RESIDING AT SOONAGANAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALUK MANDYA DISTRICT-571445

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SRI. K SHIVANNA S/O LATE KARIGWODA H/O SMT. LAKSHMAMMA, AGED ABOUT 61 YEARS,

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SRI. K. SUNIL KUMAR, S/O K.K. SHIVANNA, AGED ABOUT 37 YEARS,

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RESPONDENT NOS.3 AND 4 ARE RESIDING AT KATANALU VILLAGE, SALIGRAMA POST, MIRLE HOBLI, K.R.NAGARA TALUK, MYSURU DISTRICT-571 602

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…RESPONDENTS

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(BY SRI. SHASHANK K C, ADVOCATE FOR R1; SRI BHARAT.B, ADVOCATE FOR R2)

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THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2025 PASSED IN R.A.NO.65/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.03.2019 PASSED IN O.S.NO.65/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANDYA.

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

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NC: 2026:KHC:37905 RSA No. 1320 of 2025

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HC-KAR

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CNR: KAHC010553052025

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Appellant is present before the Court. Appellant files

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memo. Memo reads as under:

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“The Appellants submits as follows:

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1. It is submitted that, the Appellants herein have filed the current Regular Second Appeal, assailing the impugned Judgment and Decree dated 25.04.2025 one passed by the Court of principal District Judge in R.A No. 65/2019 wherein the Learned First Appellate Judge has allowed the Regular Appeal reversing the Judgement and Decree one passed in 0.S.No.65/2016.

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2. It is submitted that, the current Appellants herein seek leave of this Hon'ble Court to be pleased to permit the Appellants herein to withdraw the current Appeal and grant liberty to the Appellants herein to agitate their further claims if any in the Final Decree proceedings to meet the ends of justice.

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WHEREFORE, this Hon'ble Court be pleased to take the memo on record and permit the appellants to withdraw the Appeal to meet the ends of Justice and Equity.”

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HC-KAR

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NC: 2026:KHC:37905 RSA No. 1320 of 2025

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CNR: KAHC010553052025

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