IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA REGULAR SECOND APPEAL NO.848/2012(DEC) BETWEEN:
1. SRI H. N. GOVINDAPPA, S/O LATE NINGANNA, AGED ABOUT 46 YEARS, 2. SRI B. T. HANUMANTHAPPA, S/O LATE BADAGI THIMMAIAH, AGED ABOUT 58 YEARS, APPELLANTS ARE ALL RESIDENTS OF HARIYABBE VILLAGE, HIRIYUUR TALUK-572143 CHITRADURGA DISTRICT.
...APPELLANTS (BY SRI RAVISHANKAR S, ADVOCATE) AND:
1. SRI K. N. RAJAGOPALAGUPTHA AGED ABOUT 68 YEARS, 2. SRI K. N. PRABHAKAR GUPTHA AGED ABOUT 63 YEARS, RESPONDENTS No.1 & 2 ARE SONS OF LATE NARASIMHAIAH, R/AT HARIYABBE VILLAGE, HIRIYUR TALUK-572143.
CHITRADURGA DISTRICT 3. SRI VIJAYAKUMAR GUPTHA SINCE DEAD BY HIS LRS, AGED ABOUT 58 YEARS 3(a) K.V. PRADEEP S/O K. N. VIJAYAKUMAR GUPTHA, AGED ABOUT 33 YEARS, 3(b) K. V. MAHALAKSHMI, W/O K. N. VIJAYAKUMAR GUPTHA, AGED ABOUT 68 YEARS, 3(c) K. V. DILEP, S/O K. N. VIJAYAKUMAR GUPTHA AGED ABOUT 65 YEARS, ALL ARE R/AT LAKSHMAMMA LAYOUT, NEAR TULASI KALYANA MANTAPA, HIRIYUR ROAD, HIRIYUR TOWN-572143.
... RESPONDENTS (BY SRI RAVI H. K., FOR KANTHA RAJA ASSOCIATES, ADVOCATE FOR R3(a-c);
R1 AND R2 ARE SERVED, BUT UNREPRESENTED) **** THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 20.8.2011 PASSED IN R.A.NO.97/2006 ON THE FILE OF SENIOR CIVIL JUDGE, HIRIYUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 19.4.2006 PASSED IN OS.NO.123/2004 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, HIRIYUR.
THIS RSA COMING UP FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING.
J U D G M E N T This is the plaintiffs’ Regular Second Appeal filed against the Judgment & Decree dated 20.8.2011 made in R.A. No.97/2006 on the file of the Senior Civil Judge, Hiriyur dismissing the appeal and confirming the Judgment & Decree dated 19.4.2006 made in O.S. No.123/2004 on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC, Hiriyur dismissing the suit of the plaintiffs for declaration and injunction.
2. After arguing the matter at length, learned counsel for the appellants has filed memo for withdrawal of the present Regular Second Appeal with liberty to approach the concerned Grama Panchayath for the appropriate relief.
3. The memo dated 21.8.2019 is placed on record.
Accordingly, the present Regular Second Appeal is dismissed as withdrawn with liberty to the appellants to approach the concerned Grama Panchayath for appropriate relief.
Sd/- JUDGE Gss/-