Municipality withdrew its second appeal after stating that the appellate direction to allot an alternative site to a respondent had been complied with by executing a registered sale deed. The High Court permitted withdrawal and disposed of the appeal.
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NC: 2026:KHC:28794 RSA No. 2641 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 2641 OF 2011 (INJ)
BETWEEN:
DAVANAGERE MAHANAGARA PALIKE DAVANAGERE-577002 BY ITS COMMISSIONER EARLIER IT WAS CITY MUNCIPALITY)
…APPELLANT
(BY SRI. B. K. MANJUNATH., ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
NC: 2026:KHC:28794 RSA No. 2641 of 2011
HC-KAR
…RESPONDENTS
[CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 26.04.2019.] (BY SRI. ANIKETH R. U., ADV. FOR SRI. B.S. SACHIN, ADV. FOR R1(a), SRI. RAM BHAT, ADV. FOR R2 & R5, V/O DATED: 04/04/2013 NOTICE TO R3 & R4 D/W.)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.9.2011 PASSED IN R.A.NO.34/2006 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, DAVANGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED15.2.2006 PASSED IN O.S.NO.160/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) DAVANGERE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
NC: 2026:KHC:28794 RSA No. 2641 of 2011
HC-KAR
ORAL JUDGMENT
also has put his signature. In the Memo it is stated as under:
" MEMO
The appellant submits that direction issued in RA No.34/2006 to allot an alternative site to Smt. Jayamma, has been complied with by executing a registered sale deed in favour of Smt. Jayamma on 13.01.2015 alloting site No.35 formed in RS No.145/1C measuring 22 x 43" vacant site. Hence, the above RSA filed on behalf of the Mahanagara Palike, Davanagere does not survive for consideration.
WHEREFORE, the Appellant prays that this Hon'ble Court be pleased to permit the appellant to withdraw the above RSA, in the interest of justice. "
B.S. Sachin, Advocate appearing for Respondent No.1, is present and submits that he has no objection for the Memo.
withdraw the appeal. Accordingly, RSA No.2641 of 2011 is disposed of.
Sd/(G BASAVARAJA) JUDGE
LNN List No.: 1 Sl No.: 24
Davanagere Mahanagara Palike
Manohar Kumar C.B.
Jayamma
S. K. Lokesh
S. K. Chandrashekar
Panduraja
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
