Indian Kanoon - Search engine for Indian Law

Karnataka High Court

Sri Erappa vs Sri Jungappa Devaru Temple Trust on 6 August, 2015

Author: Ravi Malimath

Bench: Ravi Malimath

                         1



    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           ON THE 6TH DAY OF AUGUST 2015

                      BEFORE

        THE HON'BLE MR.JUSTICE RAVI MALIMATH

   REGULAR SECOND APPEAL NO.153 OF 2008(DEC/INJ)

BETWEEN:

  1. SRI ERAPPA
     S/O HUCHAPPA,
     AGED ABOUT 61 YEARS

  2. SRI KENCHAPPA
     S/O HANUMAPPA,
     AGED ABOUT 61 YEARS

     BOTH ARE RESIDING AT
     HUCHANAHATTY,
     BHAKTHANAKATTE,
     SHIVANI HOBLI,
     THARIKERE TALUK,
     CHIKKAMAGALURU DISTRICT - 577 228.
                            ... APPELLANTS

(BY SRI S.SUNIL DUTT, ADVOCATE)

AND :

  1. SRI JUNGAPPA DEVARU
     TEMPLE TRUST,
     BHAKTHANAKATTE
     SHIVANI HOBLI,
     THARIKERE TALUK,
     CHIKKAMAGALURU DISTRICT - 577 228.
                      2




2. D.CHANNABASAPPA
   S/O PATEL BASAPPA,
   AGED ABOUT 88 YEARS

3. NARAGAPPA
   S/O KENGAPPA
   AGED ABOUT 73 YEARS

4. VENKATAGIRIYAPPA
   S/O SHANKARALINGAPPA,
   AGED ABOUT 88 YEARS

5. N.SIDDAPPA
   S/O NARASAPPA,
   AGED ABOUT 78 YEARS

6. HANUMANTHAPPA
   S/O THIMMANNA
   AGED ABOUT 88 YEARS

7. SOMLANAIKA
   S/O GANIYANAIKA
   AGED ABOUT 68 YEARS

8. VENKATAPPA @ VENKATABOVI
   S/O SANNAYALLANNABOVI,
   AGED ABOUT 70 YEARS

9. KAMBADA THIMMAPPA
   S/O BASAPPA,
   AGED ABOUT 93 YEARS

10. VENKATAPPA
   S/O DUMMI HANUMANTHAPPA
   AGED ABOUT 65 YEARS

  ALL ARE OF BHAKTANAKATTE
                         3



     SHIVANI HOBLI, TARIKERE TALUK,
     CHIKKAMAGALURU DISTRICT - 577 228.

  11. ADMINISTRATOR TO THE
     JUNAPPA DEVARU TEMPLE
     REP. BY ASSISTANT COMMISSIONER
     TARIKERE - 577 228.    ... RESPONDENTS

(BY SMT.DEEPASHREE & SRI AMARNATH SIMHA,
ADVOCATE FOR C/R3 & R7
SMT.V.H.VASUNDRA, ADVOCATE FOR R1
SRI VASANTH V.FERNANDEZ, HCGP FOR R11
VIDE ORDER DATED 20.8.2009 BRINGING LRS OF R2, R4
R5, R6, R8 & R9 IS NOT NECESSARY.)

                            ****

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 25.8.2007
PASSED IN R.A.NO.64/94 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, TARIKERE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 3.8.94 PASSED IN OS.NO.134/85 ON THE
FILE OF THE CIVIL JUDGE AND ADDL.JMFC, (JR.DN.),
TARIKERE.


     THIS RSA COMING ON FOR FINAL DISPOSAL THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                             4




                       JUDGMENT

In view of the memo filed by the learned counsel for the appellant in the court today, the appeal is dismissed as withdrawn.

SD/-

JUDGE JJ