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2026 DAILYLAW 33567 (KAR)

SRI G. KUMAR v. SRI MADAIAH

RFA/1950/2011 · 2026-07-31

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010819402011 NC: 2026:KHC:40067 RFA No. 1950 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR FIRST APPEAL NO. 1950 OF 2011 (PAR) BETWEEN: SRI. G.KUMAR, AGED ABOUT 19 YEARS, S/O. GOVINDA, R/AT NO.4541 (OLD), NEW NO.7, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSORE-570001. …APPELLANT (BY SRI. V.CHANDRASHEKAR, ADVOCATE) AND: 1. SRI. MADAIAH, MAJOR, 2. SRI. MANCHAIAH, MAJOR, BOTH ARE S/O.MADAIAH, R/AT DOOR NO.11, KYATHAMARANAHALLI, AZARBAD MOHALLA, MYSORE-570001. 3. SRI. GOVINDU, MAJOR, S/O. JAVANIAH @ PAPAIAH DEAD BY LRS 3(A). SMT. MANJULA MAJOR Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010819402011 NC: 2026:KHC:40067 RFA No. 1950 of 2011 W/O. LATE GOVINDU R/AT DOOR NO.4541(OLD), NEW NO.7, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSORE-570001, 4. KUM. JYOTHI, 5. SRI. LOKESH, 6. NETRAVATHI 7. MAHADEVA RESPONDENTS 4 TO 7 ARE THE CHILDRENS OF SRI GOVINDU & LR 3(A) BEING MINORS, REPRESENTED BY THE COURT GUARDIAN 8. SMT. MANJULA, AGED ABOUT 24 YEARS, W/O. KRISHNA, DOOR NO.1476, 13TH CROSS, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSORE-570001. 9. SMT. N.GEETHANJALI. W/O. BALAKRISHNA, DOOR NO.3879, KANDI NILAYA, NEAR AYYAPASWAMY TEMPLE EXTENDED MRC BLOCK, DAVANGERE-577001. …RESPONDENTS (BY SRI. K.SHIVASHANKAR, ADVOCATE FOR C/R1; SRI. S.R.HEGDE HUDLAMANE, ADVOCATE FOR R9' R2, R3(A), R8 ARE SERVED AND UNREPRESENTED; R4 TO R7 ARE MINORS REPRESENTED BY MOTHER R3(A)) - 3 - HC-KAR CNR: KAHC010819402011 NC: 2026:KHC:40067 RFA No. 1950 of 2011 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL ORDER Sri.V.Chandrashekar., counsel for the appellant has appeared in person. Counsel for the appellant submits that Sri.G.Kumar., - the appellant is physically present before the Court and he has been duly identified by him. Counsel for the appellant submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel, therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, the appellant submits that a conscious decision is taken about the withdrawal of the appeal and if an order is passed he shall not seek review of the order or modification of the order. The oral submission and the memo is placed on record. - 4 - HC-KAR CNR: KAHC010819402011 NC: 2026:KHC:40067 RFA No. 1950 of 2011 As the appellant has taken a conscious decision about the withdrawal of the appeal, the Appeal is disposed of as withdrawn. Because of disposal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 33