IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL NO.2261 OF 2019 BETWEEN:
1. C.Venkatappa Aged about 64 years, S/o. Late Chinnappa 2. C.Venkataraja, Aged about 62 years, S/o late Chinnappa 3. C.Venkatesh Aged about 51 years, S/o late Chinnappa.
All are R/at Avalahalli Village, Yelahanka Hobli, Bangalore North Taluk – 560 063. (By Sri.Sachin.B.S, Advocate) AND:
C.Anjanappa, Since dead by LRs.
1. Smt.Rathnamma, Aged about 63 years, W/o late C.Anjanappa …Appellants 2. Smt.Usha, Aged about 45 years, D/o late C. Anjanappa.
3. Sri.Jayashankar, Aged about 41 years, S/o late C. Anjanappa 4. Smt.Manjula, Aged about 41 years, D/o late C. Anjanappa.
5. Smt.Bhagya, Aged about 39 years, W/o late C. Anjanappa.
All are R/at No.15, 5th Main road, KHM Block, Ganganagar, Bangalore – 560 032.
6. Smt.Anjanamma, W/o Krishnappa, Aged about 66 years, Seegehalli Village, K.R.Puram Hobli, Bangalore East Taluk.
7. Smt.Rathnamma, W/o Munivenkatappa, Aged 47 years, Vokkaleri Village & Post, Kolar Taluk and District – 561 213.
8. Smt.Shanthamma, W/o Narayanappa, Aged about 45 years, Avalahalli Village, Yelahanka Town, Bangalore North Taluk – 560 063.
9. Sri.C.Narayanaswamy, S/o Chowdappa, Aged 55 years, R/at No.13, 11th ‘A’ Cross, Parsee Layout, Swimming Pool Extension, Malleswaram, Bangalore – 560 003.
10. Sri.Anand Narayana Adkoli, S/o N.S.Adkeli, Aged 51 years, R/at Adkolo House, Maroor, Kumta Taluk, Uttara Kannada District – 581 351.
11. Smt.Susheela, Aged major, D/o Anjanappa (Palya), W/o Ramesh (Meleyappa grandson) Singanayakanahalli Village and Post, Yelahnka, Bangalore North Taluk – 560 063.
12. Lakshmamma, Aged about major, W/o Narayanappa, (S/o Muniswamappa) Bedarahalli Village & Post, Yeshanthpura Hobli, Bangalore – 560 022.
13. Smt.Chinamma, Aged major, D/o Anjenappa (Palyada), Budumbanahalli Village, Hariker Post, Hesaraghatta Hobli, Nelamangala Taluk, Bangalore Rural District – 562 123.
**** …Respondents This Regular First Appeal is filed under Section 96 R/W Order XLI Rule 1 of the Code of Civil Procedure, 1908, praying to set-aside the judgment and decree dated 03.07.2019 in O.S.No.1001/2005 on the file of I Additional Senior Civil Judge, Bangalore Rural District, Bangalore and consequently decree the suit of the plaintiffs as prayed for, in the interest of justice and equity.
This Regular First Appeal coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal with liberty to approach the competent District Court.
The Registry has also raised an objection with regard to the maintainability of the suit in view of the alleged valuation of the suit falls less than `10 lakhs.
In view of the above circumstances, the memo is taken on record and the appeal is dismissed as withdrawn.
The memorandum of appeal stands returned to the appellants with liberty to present the same before the appropriate Court within a period of two weeks from today.
Sd/- JUDGE dn/-