IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No. 1444/2008 BETWEEN:
SRI DYAPEGOWDA S/O CHIKKAPUTTEGOWDA AGED ABOUT 56 YEARS ANNURU VILLAGE C A KERE HOBLI MADDUR TQ MANDYA DIST (BY SRI. R B SADASIVAPPA, ADVOCATE) AND:
1.SMT CHENNAMMA W/O LATE CHIKKAPUTTEGOWDA AGED ABOUT 75 YEARS SINCE DEAD, R2 TO 4 WHO ARE ALREADY ON RECORD ARE TREATED AS LRS OF R1 AS PER ORDER DATED 24.6.2014.
2.SMT KEMPAMMA W/O PUTTASWAMY AGED ABOUT 40 YEARS R1 & R2 ARE RESIDING AT ANNUR VILLAGE C.A. KERE HOBLI MADDUR TALUK …APPELLANT 3.MAHADEVAMMA W/O MADEGOWDA AGED ABOUT 50 YEARS R/A MALLAHALLI VILLAGE C A KERE HOBLI, MADDUR TALUK.
4.RAMEGOWDA S/O CHIKKAPUTTEGOWDA AGED ABOUT 45 YEARS 5.DEVAMMA W/O DYAPEGOWDA AGED ABOUT 45YEARS 6.VARALAKSHMI D/O DYAPEGOWDA AGED ABOUT 20 YEARS R4 TO 6 ARE RESIDING AT ANNUR VILLAGE, C A KERE HOBLI, MADDUR TALUK.
...RESPONDENTS (BY SRI. K S RAVI, ADVOCATE FOR R1-4;
SRI. MAHANTESH S HOSMATH, ADV., FOR R5 & 6; R2 TO 4 ARE LRS OF DECEASED R1, VIDE ORDER DATED 24.06.2014) THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 29.11.2007 PASSED IN CROSS APPEAL RA.NO.9/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) MADDUR, PARTLY ALLOWING AND PARTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.10.2006 PASSED IN OS.NO.99/1999 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.) MADDUR.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant files a memo of even date seeking permission to withdraw the appeal as not pressed. However, the appeal is connected to RSA CROB 9/2011. In the light of the gist-ness of the said cross objection, the present appeal in RSA No.1444/2008 is dismissed as not pressed. However, RSA CROB 9/2011 shall continue.
Sd/- JUDGE tsn*