Karnataka High Court
Sri A Rama Murthy vs Sri D Nanda Kumar on 17 August, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:29200
RSA No. 229 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.229 OF 2023 (PAR)
BETWEEN:
1. SRI A. RAMA MURTHY
S/O LATE SRI. ACHUTA
AGED ABOUT 66 YEARS,
2. SRI. LAKSHMIPATHY
S/O LATE SRI. ACHUTA
AGED ABOUT 54 YEARS,
BOTH ARE R/AT NO.106,
R.H.SETTY ROAD,
BANGARPET-563 114
3. SMT. KOKILA
W/O LATE SRI PARTHASARATHY NAIDU
D/O LATE SRI ACHUTA
AGED ABOUT 65 YEARS,
Digitally signed R/AT 1ST CROSS,
by SHARANYA T ULSOOR ROAD,
Location: HIGH BENGALURU-560 008.
COURT OF
KARNATAKA
4. SMT. DHANALAKSHMI
W/O SRI NARAYANAMURTHY NAIDU
D/O LATE SRI. ACHUTA
R/AT NO.165, I FLOOR,
SRIRAMAPURAM
HONGASANDRA ROAD,
BENGALURU-560 068.
5. SMT. MEENAKSHI
W/O VARADARAJU NAIDU
D/O LATE SRI ACHUTA
AGED ABOUT 56 YEARS,
R/AT NO.56, 2ND BLOCK,
-2-
NC: 2023:KHC:29200
RSA No. 229 of 2023
SRINIVASA NAGAR
BHANASHANKARI 2ND STAGE,
BENGALURU-560 050.
6. SMT. RAMANI
W/O LATE LOKESHWARA NAIDU
AGED ABOUT 60 YEARS,
7. SMT PUSHPALATHA
W/O SRI SUNDAR NAIDU
D/O LATE LOKESHWARA NAIDU
AGED ABOUT 31 YEARS,
8. SMT. SUJATHA
W/O NARENDRA BABU NAIDU
D/O LATE LOKESHWARA NAIDU
AGED ABOUT 29 YEARS,
9. SMT. AMARAVATHY
W/O SURESH KUMAR NAIDU
D/O LOKESHWARA NAIDU
AGED ABOUT 42 YEARS,
APPELLANT NOS.6 TO 9 ARE
R/AT 2ND TYPE,
NEAR RAILWAY GATE
BEML NAGAR,
KOLAR GOLD FIELDS -563 114.
...APPELLANTS
(BY SRI C. PATTABI RAMAN, ADVOCATE)
AND:
1. SRI D.NANDA KUMAR
S/O DORAISWAMY &
SMT. SULOCHANA
AGED ABOUT 68 YEARS,
R/AT NO.6, SRI NIVAS
BEHIND SUMATHI JAIN HIGH SCHOOL
ROBERTSONPET
KOLAR GOLD FIELDS -563 112.
2. SRI D SUKUMAR
S/O SRI M. DORAISWAMY &
SMT. SULOCHANA
-3-
NC: 2023:KHC:29200
RSA No. 229 of 2023
AGED ABOUT 66 YEARS,
R./AT NO.173,
KSRTC QUARTERS
KORAMANGALA
BENGALURU.
3. SRI. D. RAGHUPATHI
S/O MA DORAISWAMY &
SMT. SULOCHANA
AGED ABOUT 64 YEARS,
4. SRI D RAVIKUMAR
S/O M DORAISWAMY &
SMT. SULOCHANA
AGED ABOUT 49 YEARS,
RESPONDENT NOS.2 TO 4 ARE
R/AT NO.96/2, SUDARSHANA LAYOUT,
GARVE BHAVI PALYA,
HONGASANDRA MAIN ROAD,
BENGALURU-560 058.
5. SRI A. GOVINDASWAMY NAIDU
DEAD BY LRS
5(a) SMT PUSHPALATHA,
W/O LATE A. GOVINDASWAMY NAIDU
AGED ABOUT 54 YEARS
R/AT NO.1062,
RAJA HANUMAPAPPA SHETTY ROAD
BANGARPET-563114.
5(b) SMT. G. SUMITHRA
W/O J.S. PRAKASH BABU
D/O LATE A. GOVINDASWAMY NAIDU
AGED ABOUT 32 YEARS
R/AT NO.21/85, PANKAR, 1ST STREET
NEAR ANNAI PRINTERS, AMBUR,
TAMIL NADU-635802.
5(c) SMT. G. LAVANYA
W/O E. RAJA
D/O LATE A. GOVINDASWAMY NAIDU,
AGED ABOUT 30 YEARS,
R/AT NO.110, MARIAMMA TEMPLE STREET,
THIMMAPET POST VIA AMBUR,
-4-
NC: 2023:KHC:29200
RSA No. 229 of 2023
VANIYAMBADI, TAMIL NADU
6. SRI V. DORAISWAMY
S/O LATE VIJAYA RAGHAVAN NAIDU,
AGED ABOUT 82 YEARS,
R/AT NO.99/2, NEAR WATER TANK,
SUDHARSHAN MAIN ROAD,
HOSUR MAIN ROAD,
BENGALURU-560068.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 01.10.2022 PASSED IN
R.A.NO.140/2019 ON THE FILE OF THE III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KOLAR (SITTING AT KGF),
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 23.11.2011 PASSED IN O.S.NO.72/2007 ON THE
FILE OF THE I/C ADDITIONAL SENIOR CIVIL JUDGE, KGF.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
The counsel for the appellants has filed a memo seeking permission of this Court to withdraw the appeal.
2. The said memo is placed on record.
3. In view of the said memo, the appeal is dismissed as withdrawn.
Sd/-
JUDGE SN; List No.: 1 Sl No.: 58