H Nanjaiah vs Ningaiah @ Yalakkaiah on 21 September, 2012

[Cites 1, Cited by 0]

Karnataka High Court

H Nanjaiah vs Ningaiah @ Yalakkaiah on 21 September, 2012

Bench: C.R. Kumaraswamy

                           1



     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 21ST DAY OF SEPTEMBER, 2012

                       BEFORE

      THE HON'BLE MR.JUSTICE C.R. KUMARASWAMY

                 R.S.A. NO.685 OF 2O07

BETWEEN:

SRI.H.NANJAIAH
S/O LATE NANJUNDEGOWDA
AGED ABOUT 71 YEARS,
R/O.YARADAHALLI VILLAGE,
MAYASANDRA HOBLI,
SEEGEHALLI POST,
TURUVEKERE TALUK-572 227.                ...APPELLANT

(BY SRI.K.M.JAGANATH, ADVOCATE)

AND:

1.     SRI.NINGAIAH @ YALAKKAIAH
       DEAD BY LR
       SRI.SURESHA
       S/O NINGAIAH @ YALAKKIAH,
       AGED ABOUT 24 YEARS.

2.     SRI.NARAYANA
       S/O NANJUNDAIAH,
       AGED ABOUT 49 YEARS.

ALL ARE R/O YARADAHALLI VILLAGE,
MAYASANDRA HOBLI, SEEGEHALLI POST,
                              2



TURUVEKERE TALUK-572 227.                 ...RESPONDENTS

(BY SRI.M.C.JAYAKEERTHI ADV FOR R2,
 R3-HELD SUFFICIENT, R2 IS TREATED AS LR OF R1)

    THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 4.122006 PASSED IN R.A. NO. 50/2006
ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & JMFC,
TURUVEKERE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGEMENT AND DECREE DATED 25.05.2004
PASSED IN O.S.NO.130/2001 ON THE FILE OF THE CIVIL
JUDGE, (JR.DN.) & JMFC, TURUVEKERE.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-

                        JUDGMENT

This matter was heard for some time. During the course of arguments learned cousnel for the appellant submitted that he will file a memo to the effect that he will withdraw the appeal and seek for permission to file a comprehensive suit for declaration. Accordingly, he has filed a memo dated 21.09.2012. The memo dated 21.09.2012 reads as under:

" The Appellant named above prays that this Hon'ble Court be pleased to permit him to withdraw the Appeal and consequently the suit 3 with liberty to file a fresh comprehensive suit against the Respondents for relief of declaration and other consequential reliefs, in the interest of equity and justice.

The Appellant further prays the Trial Court be directed that while disposing off the fresh suit, shall not be biased or bound with the observations made in the judgements of both the Courts below regarding the alleged existence of the road in the property of the Appellant."

Copy of the memo is also served on the respondent No.2.

In view of the memo dated 21.09.2012 this Regular Second Appeal is disposed of.

The appellant is permitted to file a fresh comprehensive suit against the respondent for the relief of declaration and other consequential reliefs. It is made clear that the observation made in the judgment of O.S. No.130/01 and R.A. No.50/06 shall not influence the trial court while 4 disposing of the fresh comprehensive suit which will be filed by the appellant. The trial court shall dispose of the comprehensive suit in an independent manner.

Since the main matter is disposed of, IA 1/07 does not survive for consideration and the same is dismissed.

SD/-

JUDGE YKL

Unlock Advanced Research with PRISMAI

Karnataka High Court