Karnataka High Court
RSA/2641/2011 of DAVANAGERE MAHANAGARA PALIKE Vs SMT NAGARATHNAMMA on 15 June 2026
NC: 2026:KHC:28794 RSA No. 2641 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 2641 OF 2011 (INJ) BETWEEN: DAVANAGERE MAHANAGARA PALIKE DAVANAGERE-577002 BY ITS COMMISSIONER
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 2641 OF 2011 (INJ)
BETWEEN:
DAVANAGERE MAHANAGARA PALIKE
DAVANAGERE-577002
BY ITS COMMISSIONER
EARLIER IT WAS CITY MUNCIPALITY)
…APPELLANT
(BY SRI. B. K. MANJUNATH., ADVOCATE)
AND:
1.
1(a)
SMT NAGARATHNAMMA
W/O BRAHMAPPA CHALAGERE
SINCE DEAD BY HER LR.
SRI. MANOHAR KUMAR C.B.,
S/O LATE BRAHMAPPA CHALAGERI,
AGED ABOUT 63 YEARS
R/O 45 BELAKU,
JNANAVIHAR EXTENSION,
NEAR COUNTRY CLUB,
VIDHYANAGAR, SHIVAMOGA-577201.
2.
JAYAMMA
W/O LATE KARISIDAPPA
AGED ABOUT 51 YEARS
GARDNER, CITY MUNICIPALITY,
DAVANAGERE-577002.
3.
S. K. LOKESH
S/O LATE KARISIDDAPPA
AGED ABOUT 40 YEARS
R/O M C C 'B' BLOCK,
DAVANAGERE-577002.
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
HC-KAR
4.
S. K. CHANDRASHEKAR,
S/O LATE KARISIDDAPPA
AGED ABOUT 34 YEARS
R/O M C C 'B' BLOCK,
DAVANAGERE-577002.
5.
PANDURAJA
S/O LATE KARISIDDAPPA
AGED ABOUT 33 YEARS
SECOND DIVISION,
ACCOUNTS SECTION
CITY MUNICPALITY,
DAVANAGERE-577 002.
…RESPONDENTS
[CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 26.04.2019.]
(BY SRI. ANIKETH R. U., ADV. FOR
SRI. B.S. SACHIN, ADV. FOR R1(a),
SRI. RAM BHAT, ADV. FOR R2 & R5,
V/O DATED: 04/04/2013 NOTICE TO R3 & R4 D/W.)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.9.2011 PASSED IN
R.A.NO.34/2006 ON THE FILE OF THE II ADDL. DISTRICT
JUDGE, DAVANGERE, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED15.2.2006 PASSED
IN O.S.NO.160/1995 ON THE FILE OF THE PRL. CIVIL JUDGE
(SR.DN) DAVANGERE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
HC-KAR
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ORAL JUDGMENT
1. Memo is filed by the appellant. Learned counsel also has put his signature. In the Memo it is stated as under: "MEMO
The appellant submits that direction issued in RA No.34/2006 to allot an alternative site to Smt. Jayamma, has been complied with by executing a registered sale deed in favour of Smt. Jayamma on 13.01.2015 alloting site No.35 formed in RS No.145/1C measuring 22 x 43" vacant site. Hence, the above RSA filed on behalf of the Mahanagara Palike, Davanagere does not survive for consideration.
WHEREFORE, the Appellant prays that this Hon'ble Court be pleased to permit the appellant to withdraw the above RSA, in the interest of justice."
2. Sri Aniketh R.U., learned Advocate appearing for Sri B.S. Sachin, Advocate appearing for Respondent No.1, is present and submits that he has no objection for the Memo.
3. Counsel for respondents 2 to 5 are not present.
4. In view of the Memo, appellant is permitted to withdraw the appeal. Accordingly, RSA No.2641 of 2011 is disposed of.
Sd/- (G BASAVARAJA) JUDGE
LNN List No.: 1 Sl No.: 24