IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.S.A.No.777/2014 BETWEEN:
SMT.SELVI W/O DAKSHINA MURTHY, AGED ABOUT 52 YEARS, OCC: AGRICULTURE RESIDING AT VIJAYANAGAR, POST DEVARAHALLI, BHADRAVATHI TALUK -577301 SHIVAMOGGA DISTRICT ..APPELLANT (BY SRI S V PRAKASH, ADVOCATE) AND:
1.ALAMALEMMA W/O LATE DHANPAL NAIDU SINCE DEAD APPELLANT AND RESPONDENT NO.2 ARE TREATED AS LEGAL REPRESENTATIVES OF R-1 2.RAJESHWARI, W/O DHARMALINGAM .M, AGED 59 YEARS, R/O KABALIKATTE, POST DEVARAHALLI, BHADRAVATHI TALUK-577301 SHIVAMOGGA DISTRICT 3. AMULAMMA W/O DHANPAL NAIDU AGED 84 YEARS R/O KABALIKATTE POST DEVARAHALLI, BHADRAVATHI TALUK -577301 SHIVAMOGGA DISTRICT.
4. JAYALAKSHMI W/O GANESH AGED 34 YEARS R/O THURUNJAVARAM THIRUVANNAMALAI TAMILNADU STATE -577201 5. JAYACHITHRA W/O JAYASHANKARA AGED 30 YEARS R/O 5TH CROSS, NEAR GANAPATHI TEMPLE HOSAMANE BHADRAVATHI -577301 SHIVAMOGGA DISTRICT.
6. JAYAPRAKASH S/O LATE DHANPAL NAIDU AGED 31 YEARS R/O KABALIKATTE POST DEVARAHALLI BHADRAVATHI TALUK -577301 SHIVAMOGGA DISTRICT.
7. V.VADIVELU S/O LATE VINAYAGAM AGED 66 YEARS R/O HOSAMANE CIRCLE, VIJAYANAGAR BHADRAVATHI CITY – 577301 SHIVAMOGGA DISTRICT. ..RESPONDENTS (BY SRI H P VISHWESHWARA, ADVOCATE FOR R-2, R-3 TO R-6 ARE SERVED, R-7-DEAD AS PER POSTAL SHARA, APPELLANT AND R-2 ARE TREATED AS LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1 AS PER ORDER DATED 13.07.2016) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED: 04.01.2014 PASSED IN R.A.NO.62/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND UPHOLDING THE JUDGMENT AND DECREE DATED: 30.06.2012 PASSED IN O.S.NO.344/2010 ON THE FILE OF THE CIVIL JUDGE AND ADDITIONAL JMFC, BHADRAVATHI.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant has filed a memo stating that appeal has become infructuous and same may be dismissed as withdrawn.
Memo is taken on record.
Appeal is dismissed as withdrawn.
Sd/- JUDGE SBN