IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 9TH DAY OF MARCH, 2020

BEFORE

THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

REGULAR SECOND APPEAL NO.1170/2013 C/w REGULAR SECOND APPEAL NOs.1171/2013, 1172/2013 & 1173/2013

IN RSA NO.1170/2013

Between :

H.M. Srinivasa Naika S/o. Mariyappa Naika Aged about 62 years Proprietor of Work Shop R/o Keredande Kere Anjaneya Swamy Temple Street , Sringeri Taluk PIN – 577 139. …. Appellant (By Sri Jayaprakash R.V, Advocate)

And :

1. Smt. Sujatha D Shetty W/o. Dayananda Shetty D/o. late Bhaskara Shetty Aged about 48 years Household work No.187, 2 nd C Main Road 8 th Block, Koramangala – 560 095.

2. Smt. Sunanda Shetty W/o late Bhaskara Shetty Aged about 69 years R/o near Taluk Office , District PIN:

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3. S.B. Jayaraj S/o. late Bhaskara Shetty Aged about 49 years R/o Dona Quarters P.B. No.1744, Doha Qatar.

4. Mallika S.Shetty D/o. late Bhaskara Shetty Aged about 43 years R/o No.47, Kanvanagar East Mumbai – 400.

5. Rekha Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN:

6. Roopa S.B. Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN: ... Respondents

This RSA is filed under Section 100 of CPC against the judgment and decree dated 28.03.2013 passed in R.A.No.61/2011 on the file of the Presiding Officer, Fast Track Court, Chikmagalur, Dismissing the appeal and confirming the judgment and decree dtd. 21.3.2011 passed in O.S.No.303/2003 on the file of Senior Civil Judge, Chikmagalur.

IN RSA NO.1171/2013

Between :

Smt. Vishalakshi @ Sampakka @ Champa W/o. late Sadananda Shetty

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Aged about 66 years Hotel Business Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139. …. Appellant

(By Sri Jayaprakash R.V, Advocate)

And :

1. Smt. Sujatha D Shetty W/o. Dayananda Shetty D/o. late Bhaskara Shetty Aged about 48 years Household work No.187, 2 nd C Main Road 8 th Block, Koramangala Bangalore – 560 095.

2. Smt. Sunanda Shetty W/o late Bhaskara Shetty Aged about 69 years R/o Near Taluk Office Karkala, Udupi District PIN:

3. S.B. Jayaraj S/o. late Bhaskara Shetty Aged about 49 years R/o Dona Quarters P.B. No.1744, Doha Qatar.

4. Mallika S.Shetty D/o. late Bhaskara Shetty Aged about 43 years R/o No.47, Kanvanagar East Mumbai Mumbai – 400.

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5. Rekha Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN:

6. Roopa S.B. Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN: ... Respondents

This RSA is filed under Section 100 of CPC against the judgment and decree dated 28.03.2013 passed in R.A.No.60/2011 on the file of the Presiding Officer, Fast Track Court, Chikmagalur, Dismissing the appeal and confirming the judgment and decree dtd. 21.3.2011 passed in O.S.No.302/2003 on the file of Senior Civil Judge, Chikmagalur.

IN RSA NO.1172/2013

Between :

H.M. Srinivasa Naika S/o. Mariyappa Naika Aged about 62 years Proprietor of Work Shop R/o Keredande Kere Anjaneya Swamy Temple Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139. …. Appellant (By Sri Jayaprakash R.V, Advocate)

And :

1. Smt. Sujatha D Shetty W/o. Dayananda Shetty

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D/o. late Bhaskara Shetty Aged about 48 years Household work No.187, 2 nd C Main Road 8 th Block, Koramangala Bangalore – 560 095.

2. Smt. Sunanda Shetty W/o late Bhaskara Shetty Aged about 69 years R/o Near Taluk Office Karkala, Udupi District PIN:

3. S.B. Jayaraj S/o. late Bhaskara Shetty Aged about 49 years R/o Dona Quarters P.B. No.1744, Doha Qatar.

4. Mallika S. Shetty D/o. late Bhaskara Shetty Aged about 43 years R/o No.47, Kanvanagar East Mumbai Mumbai – 400.

5. Rekha Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN:

6. Roopa S.B. Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN: ... Respondents

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This RSA is filed under Section 100 of CPC against the judgment and decree dated 28.03.2013 passed in R.A.No.82/2011 on the file of the Presiding Officer, Fast Track Court, Chikmagalur, Dismissing the appeal and confirming the judgment and decree dtd. 21.3.2011 passed in O.S.No.277/2003 on the file of Senior Civil Judge, Chikmagalur.

IN RSA NO.1173/2013

Between :

1. Smt. Vishalakshi @ Sampakka @ Champa W/o. late Sadananda Shetty Aged about 66 years Hotel Business Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139.

2. Ramananda S/o. late Sadananda Shetty Aged about 36 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139.

3. Manjunatha S/o. late Sadananda Shetty Aged about 34 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139.

4. Ravindra S/o. late Sadananda Shetty Aged about 32 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk

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Chikmagalur District PIN – 577 139.

5. Raghavendra S/o. late Sadananda Shetty Aged about 28 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139. …. Appellants (By Sri Jayaprakash R.V, Advocate)

And :

1. Smt. Sujatha D Shetty W/o. Dayananda Shetty D/o. late Bhaskara Shetty Aged about 48 years Household work No.187, 2 nd C Main Road 8 th Block, Koramangala Bangalore – 560 095.

2. Smt. Sunanda Shetty W/o late Bhaskara Shetty Aged about 69 years R/o near Taluk Office Karkala, Udupi District PIN:

3. S.B. Jayaraj S/o. late Bhaskara Shetty Aged about 49 years R/o Dona Quarters P.B. No.1744, Doha Qatar.

4. Mallika S.Shetty D/o. late Bhaskara Shetty Aged about 43 years R/o No.47, Kanvanagar East Mumbai, Mumbai – 400.

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5. Rekha Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN:

6. Roopa S.B. Shetty D/o. late Bhaskara Shetty Aged about 40 years R/o near Taluk Office Karkala, Udupi District PIN:

7. Smt. Aruna D/o. late Sadananda Shetty Aged about 45 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139.

8. Kum. Veena D/o. late Sadananda Shetty Aged about 30 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139.

9. Kum. Vani D/o. late Sadananda Shetty Aged about 26 years R/o Keredande, Kere Anjaneya Street Sringeri, Sringeri Taluk Chikmagalur District PIN – 577 139. ... Respondents

This RSA is filed under Section 100 of CPC against the judgment and decree dated 28.03.2013 passed in R.A.No.81/2011 on the file of the Presiding Officer, Fast

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Track Court, Chikmagalur, Dismissing the appeal and confirming the judgment and decree dtd. 21.3.2011 passed in O.S.No.276/2003 on the file of Senior Civil Judge, Chikmagalur.

These appeals coming on for Orders this day, the Court delivered the following:

J U D G M E N T

Learned counsel Sri R.V. Jayaprakash has filed a memo seeking withdrawal of the appeals as settled out of the Court.

2. Memo is placed on record.

3. In terms of the said memo, the appeals are dismissed as withdrawn.

Office is directed to refund 75% of the Court fee by drawing cheque in favour of appellant in all the appeals and in favour of appellant No.1 in RSA

No.1173/2013.

Sd/- JUDGE

nms