IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.1049 of 2017 (SP) BETWEEN :
SRI. T RAMANNA S/O LATE ERAIAH @ THAMMAIAH AGED 65 YEARS R/A NO.56, DEVEGOWDA CIRCLE, BANNUR RING ROAD, ALLANAHALLI, KASABA HOBLI MYSORE TALUK & DISTRICT.
(BY SRI.R.A.DEVANAND, ADVOCATE) AND:
1 . SRI. ARUNA REDDY S/O H.Y. RUDRAPA DOOR NO. 2636, 37th CROSS 26th MAIN, 9th BLOCK, JAYANAGAR BANGALORE-560 011.
2 . SMT. PUTTALAKSHMAMMA W/O LATE KALEGOWDDA AGED 86 YEARS ... APPELLANT 3 . SRI.VENKATESH S/O.LATE KALEGOWDA AGED 54 YEARS 4 . SRI.SANNEGOWDA S/O. LATE BILUPEGOWDA AGED 61 YEARS 5 . SRI.THAMMEGOWDA S/O. LATE BILUPEGOWDA AGED 56 YEARS 6 . SRI.CHIKKANNA S/O.LATE BILUPEGOWDA AGED 46 YEARS 7 . SMT. GOWRAMMA W/O.LATE GOTAPPA AGED 61 YEARS 8 . SRI. VENKATEGOWDA S/O.LATE GOTAPPA AGED 56 YEARS 9 . SRI.CHIKKANNA S/O.LATE GOTAPPA AGED 41 YEARS 10 . SMT.GIRIGAMMA W/O.LATE VENKATAIAH SINCE DECEASED 11. SMT.VENKATAMMA W/O DEVEGOWDA VARAKEBEEDHI HOSPITAL ROAD BANNUR, T.NARASIPURA TALUK.
12. SMT.JAYAMMA W/O.YALLAKIGOWDA R/A SANTHEMALA CIRCLE, BANNUR, T.NARASIPURA TALUK.
13. SMT.CHIKKATHAYAMMA W/O.KARIYAPPA R/O SIDDARAMAYYA HUNDI MYSORE TALUK.
14. SMT.LAKSHMAMMA W/O.KARIYAPPA R/A YEREGANAHALLI MYSORE TALUK.
15. SMT.GOWRAMMA, W/O.LATE CHIKKANNA, AGED YEARS, R/O YEREGANAHALLI, MYSORE TALUK.
16. SRI.CHIKKAVENKATEGOWDA @ PUTTEGOWDA S/O LATE HONGEGOWDA 17. SRI. KUMARA S/O CHIKKAVENKATEGOWDA AGED 36 YEARS BOTH ARE R/A.YEREGANAHALLI KASABA HOBLI MYSORE TALUK.
18. SRI. S.K.ANANTHA RAMU S/O S.A.KESHAVA RAO AGED 63 YEARS ANEGOWDANAHALLI HOBLI HOSKOTE TALUK. ... RESPONDENTS (V/O.DATED 04.10.2018 APPEAL AGAINST R-2 TO 9 STAND DISMISSED, R-10 DEAD, R-13, R-17 & R-18 ARE SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE IN O.S.NO.835/2005 DATED 29.9.2015 BY ALLOWING THIS APPEAL IN IT’S ENTIRETY AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo stating that the appellant is not desirous of prosecuting the appeal and hence, appeal may be dismissed as not pressed. He has also sought for refund of the Court fee.
2. Memo is taken on record and perused.
3. The appeal is dismissed as not pressed.
4. Registry is directed to return 75% of the amount of court fee paid by the appellant, in terms of Section 66 (2) (c) of the Karnataka Court-Fees and Suits Valuation Act, 1958.
In view of the dismissal of the appeal, all pending applications stand dismissed.
Sd/- JUDGE Sd/- JUDGE VMB