IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.1657/2012(DEC/INJ) BETWEEN:
Kavalappa, S/o Papaiah, Dead by L.Rs., a) Hanumakka, W/o Late Kavalappa, Aged about 82 years.
b) Nagaraju, S/o Late Kavalappa, Aged about 55 years.
c) Ashwathanarayana, S/o Late Kavalappa, Aged about 51 years.
d) Siddappa, S/o Late Kavalappa, Aged about 48 years.
e) Shivakumar, S/o Kavalappa, Aged about 42 years, All are residing at Hanumanthapura, Madigeshi Hobli, Madhugiri taluk, Tumkur District – 572 133.
(By Sri.M.Erappa Reddy, Advocate) AND:
1. Narasaiah, S/o Sannappa, Dead by L.Rs.
a) Lakshmamma, W/o Late Narasaiah, Aged about 74 years ... Appellants (R1 (b) is the LR of deceased R1 (a) Amendment is carried out v/o Dated 14.03.2016) b) Narayana, S/o Late Narasaiah, Aged about 54 years.
Both are residing at Hanumanthapura, Medigeshi Hobli, Madhugiri Taluk, Pin Code – 572 133.
2. Ramanjanappa, S/o Doddahanumanthappa, Major.
3. Hanumanthappa, S/o Narasappa, Dead by L.Rs., a) Eswaramma, W/o Hanumanthappa, Aged about 83 years.
(R3 (b) and R3 (c) are the LRs of R3 (a), amendment is carried out v/o Dated 14.03.2016) b) Ramakrishna, Aged about 72 years, c) Narasappa, Aged about 42 years.
(b) and (c) are sons of Hanumanthappa, Now residing at Hanumanthapura, Medigeshi Hobli, Madhugiri Taluk – 572 133.
4. Narasimhappa, S/o Dodda Hanumanthappa, 5. Ramachandraiah, S/o Chikkahanumanthappa, All are majors, residing at Hanumanthapura Village, Medigeshi Hobli, Madhugiri Taluk – 572 133. Since dead by L.Rs.
a) Chikka Akkamma, Aged about 77 years, R/a. Hanumanthapura Village, Medigeshi Hobli, Madhugiri Taluk – 572 133.
b) Leelavathi, W/o Nagalingaiah, Aged about 48 years, R/a. Gutta Village, Kodigenahalli Hobli, Madhugiri Taluk – 572 133.
c) Dhivakar, S/o Ramachandraiah, Aged about 46 years, R/a Hanumanthapura Village, Medigeshi Hobli, Madhugiri Taluk – 572 133.
d) Devaraju, S/o Ramachandraiah, Aged about 45 years, R/a Hanumanthapura Village, Medigeshi Hobli, Madhugiri Taluk – 572 133.
e) Sarojamma, W/o Madhusudhan, Aged about 43 years, R/a I.T.I. Colony, North 4th line, Door No.E.129, Dhuravani Nagara, Bengaluru – 560 016.
f) Sreelakshmi, D/o Ramachandraiah, Aged about 40 years, R/a Hanumanthapura Village, Medigeshi Hobli, Madhugiri Taluk, Tumkur District – 572 133.
... Respondents (By Sri.H.V.Harish, Adv. For R1 (a and b), R2, R3 (b and c), R4, R5 (a to e) v/o dated 20.10.2016 – Service of notice to R5 (f) is held sufficient) This Regular Second Appeal is filed under Section 100 of CPC., against the judgment and decree dated 01.03.2012 passed in R.A.No.123/1995 on the file of Presiding Officer, Fast Track Court-V, Madhugiri, dismissing the appeal and confirming the judgment and decree dated 24.11.1995 passed in O.S.No.509/1986 on the file of the Principal Munsiff, Madhugiri and etc.
This Regular Second Appeal coming on for Admission, this day, the Court made the following:
ORDER Learned counsel for the appellants files a memo for withdrawing the appeal.
The submission of the learned counsel for the appellants and memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn.
In view of the disposal of the main appeal, I.A.No.1/2012 does not survive for consideration and accordingly, the same is disposed of.
MH/-
Sd/- JUDGE