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2025 DAILYLAW 79476 (KAR)

SRI V HOMBEGOWDA v. SMT JAYALAKSHMAMMA

RSA/367/2020 · 2025-08-14

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31639 RSA No. 367 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 367 OF 2020 (DEC/INJ-) BETWEEN: SRI V HOMBEGOWDA S/O LATE VENKATAPPA AGEDA BOUT 61 YEARS R/AT IMMADIHALLI WHITEFIELD POST NEAR KARIMARIYAMMA TEMPLE BENGALURU- 560 066 …APPELLANT (BY SRI. K.SHIVASHANKAR., ADVOCATE) AND: 1. SMT JAYALAKSHMAMMA W/O V HOME GOWDA AGED ABOUT 56 YEARS R/AT IMMADIHALLI K R PURAM HOBLI BENGALURU SOUTH TALUK-560 066 2. THE MANAGING DIRECTOR BMTC (CENTRAL DIVISION) K H ROAD SHANTHI NAGAR BENGALURU-560 027 …RESPONDENTS (BY SRI. NARAYANA T H.,ADVOCATE FOR R1; SRI. HAREESH BHANDARY T, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31639 RSA No. 367 of 2020 THIS RSA IS FILED UNDER SEC.100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 07.11.2019 PASSED IN RA.NO.105/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING THE APPEAL AND CONFIRM THE JUDGMENT AND DECREE DATED 21.04.2012 PASSED IN OS NO 68/2006 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR.DN) BANGALORE RURAL, BANGALORE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Memo is filed by the learned counsel for the appellant. 2. In view of the memo, the prayer made by the plaintiff that she should be declared as she is the legally wedded wife of the first defendant Sri. Hombegowda as ordered by the First Appellate Court, is accepted by the appellant and suit is decreed to that extent. Appeal is admitted is with regard to the quantum of maintenance. 3. In view of the same, nothing survives in this appeal as the second prayer that name of the first - 3 - HC-KAR NC: 2025:KHC:31639 RSA No. 367 of 2020 respondent/plaintiff to be entered in the records of the second respondent would not survive for consideration as the appellant is retired from the services and already drawn the retirement benefit. 4. With regard to the Order of maintenance said to have been granted by the duly constituted Court in C.Misc. No.6/1994 is concerned, parties are at liberty to seek necessary remedy before the concerned Court in accordance with law. 5. With said observation and liberty, appeal stands disposed off. SD/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 37