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2025 DAILYLAW 24098 (KAR)

SMT PARVATHAMMA v. SMT SHIVAMMA

RFA/1023/2024 · 2025-04-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:16435 RFA No. 1023 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1023 OF 2024 (PAR/POS) BETWEEN: 1. SMT. PARVATHAMMA, W/O. LATE SHADAKSHARAIAH, AGED ABOUT 79 YEARS, 2. SRI. SIDDALINGAIAH S/O. LATE SHADAKSHARAIAH, AGED ABOUT 49 YEARS, APPELLANTS ARE R/AT: R/AT NO.67, 7TH MAIN, 1ST CROSS, LINGAYATHARA BEEDI, KENGERI NEW TOWN, BANGALORE – 560 056. …APPELLANTS (BY SRI. SHANKAR M.R., ADVOCATE) AND: 1. SMT. SHIVAMMA, W/O. LATE VARAPRASAD, AGED ABOUT 64 YEARS, 2. SRI. MALLIKARJUNA S/O. LATE VARAPRASAD, AGED ABOUT 40 YEARS, 3. SRI. MRUTHUNJAYA S/O. LATE VARAPRASAD, AGED ABOUT 36 YEARS, 4. SMT. CHANDRAKALA D/O. LATE VARAPRASAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16435 RFA No. 1023 of 2024 AGED ABOUT 43 YEARS, 5. SMT. SHOBHA D/O. LATE VARAPRASAD, AGED ABOUT 34 YEARS, RESPONDENTS NOS.1 TO 5 ARE R/AT IRAKASANDRA VILLAGE AND POST, CHELUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT – 572 117. 6. SMT. GOWRAMMA, W/O. LATE MUDDAGANGAPPA, AGED ABOUT 86 YEARS, 7. SRI. CHANDRASHEKAR S/O. LATE MUDDAGANGAPPA, AGED ABOUT 67 YEARS, 8. SRI. GANGADHAR S/O. LATE MUDDAGANGAPPA, AGED ABOUT 61 YEARS, 9. SRI. JAGADISH S/O. LATE MUDDAGANGAPPA, AGED ABOUT 54 YEARS, 10. SRI. KUMARASWAMY S/O. LATE MUDDAGANGAPPA, AGED ABOUT 50 YEARS, RESPONDENT NOS.6 TO 10 ARE R/AT NO.2603, 6TH MAIN, WARD NO.34, HAMPINAGAR, 2ND STAGE, VIJAYANAGARA, BENGALURU – 560 040. 11. SRI. BASAVARAJ S/O. LATE BORANNA, AGED ABOUT 60 YEARS, 12. SRI. HARISHKUMAR S/O. LATE BORANNA, - 3 - NC: 2025:KHC:16435 RFA No. 1023 of 2024 AGED ABOUT 53 YEARS, 13. SRI. S. GANGANNA S/O. LATE SIDDAPPA, AGED ABOUT 84 YEARS, 14. SRI. SOMASHEKAR S/O. S. GANGANNA, AGED ABOUT 61 YEARS, 15. SRI. PRAKASH S/O. S. GANGANNA, AGED ABOUT 54 YEARS, 16. SMT. SHARADAMMA D/O. S. GANGANNA, AGED ABOUT 63 YEARS, 17. SMT. NAGARATHNAMMA D/O. S. GANGANNA, AGED ABOUT 49 YEARS, 18. SMT. NANJUNDAMMA W/O. LATE GANGANNA, AGED ABOUT 79 YEARS, 19. SRI. LOKESH S/O. LATE GANGANNA, AGED ABOUT 49 YEARS, 20. SRI. SOMASHEKAR S/O. LATE GANGANNA, AGED ABOUT 46 YEARS, 21. SRI. PANCHAKSHARI D/O. LATE BASAPPA, AGED ABOUT 84 YEARS, 22. SRI. PRAVEEN S/O. PANCHAKSHARI, AGED ABOUT 44 YEARS, 23. SMT. SHIVAMMA W/O. LATE MAHADEVAIAH, - 4 - NC: 2025:KHC:16435 RFA No. 1023 of 2024 AGED ABOUT 74 YEARS, 24. SRI. SURESH S/O. LATE MAHADEVAIAH, AGED ABOUT 44 YEARS, 25. SMT. UMADEVI, W/O LATE SHANTHARAJU, AGED ABOUT 60 YEARS, 26. SRI. CHETHAN S/O. LATE SHANTHARAJU, AGED ABOUT 35 YEARS, 27. SMT. NANDHINI, D/O LATE SHANTHARAJU, AGED ABOUT 32 YEARS. 28. SRI. NAGARAJU S/O. LATE BASAPPA, AGED ABOUT 72 YEARS, 29. SRI. SACHIDANANDA S/O. NAGARAJU, AGED ABOUT 39 YEARS, 30. SRI. PRAKASH S/O. LATE BASAPPA, AGED ABOUT 64 YEARS, RESPONDENT NOS.11 TO 30 ARE R/AT PATTANAGERE VILLAGE, RAJARAGESWARINAGAR POST, KENGARI HOBLI, BANGALORE SOUTH TALUK, BANGALORE – 560 098. 31. SMT. K.B. SHANTHAMMA W/O. P.S. MAHALINGAPPA, AGED ABOUT 57 YEARS, R/AT PATTANAGERE VILLAGE, RAJARAGESWARINAGAR POST, KENGARI HOBLI, - 5 - NC: 2025:KHC:16435 RFA No. 1023 of 2024 BANGALORE SOUTH TALUK, BANGALORE – 560 098. 32. SRI. K.H. MANJAPPA S/O. HANUMANTHAPPA, AGED ABOUT 64 YEARS, NO.165, 4TH MAIN, 4TH BLOCK, 4TH PHASE, WEST OF CHORD ROAD, BANGALORE – 560 079. …RESPONDENTS (BY SRI. S.S. NAGANAND, SR. ADV. FOR SRI. HANUMANTHE GOWDA, ADV. FOR RESPONDENTS VIDE COURT ORDER DATED 17.03.2025; SRI. S.G. HEGDE, ADV. FOR R26) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.02.2024 PASSED ON IA NO.13 IN OS NO.25590/2015 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH 74), ALLOWING THE IA NO.13 FILED UNDER ORDER 7 RULE 11(a) AND (d) R/W SEC. 151 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. 2. The said memo is taken on record. Accordingly, appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 3 Sl No.: 2