The High Court of Karnataka, in a revision filed under Section 96 of CPC against the rejection of a plaint under Order VII Rule 11 of CPC, observed that the appellants filed a memo seeking withdrawal of the appeal. The court dismissed the appeal as withdrawn. No further orders or substantive relief were pronounced.
Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MR. JUSTICE M.I.ARUN
RFA NO.1823 OF 2019 (DEC)
BETWEEN :
(BY SRI. D. GANGADHARA, ADVOCATE)
AND :
RUDRAPPA S/O BASAPPA DEAD BY HIS LRS
SHEKARAPPA S/O RUDRAPPA
2
DEAD BY HIS LRS
HALESHAPPA
S/O RUDRAPPA DEAD BY HIS LRS
VEERABHADRAPPA S/O SHANKARAPPA DEAD BY HIS LRS
SMT. GIRIJAMMA
W/O LATE VEERABHADRAPPA SINCE DEAD BY HER LRS
3
RESPONDENT NOS. 1 TO 7 ARE R/AT BASAVANAHALLI VILLAGE HONNALLI TALUK, DAVANAGERE DISTRICT
THIRTHAPPA
S/O SHANKARAPPA DEAD BY HIS LRS
G.T.RAVI S/O LATE THIRTHAPPA SINCE DEAD BY HIS LRS
PATEL SANNABASAPPA S/O VEERABHADRAPPA DEAD BY HIS LRS
4
RESPONDENTS 11 TO 14 ARE R/AT BASAVANAHALLI VILLAGE HONNALLI TALUK, DAVAGERE DISTRICT
CHANDRAPPA
S/O VEERABHADRAPPA GOUDA DEAD BY HIS LRS
SMT. MALLAMMA W/O LATE CHANDRAPPA SINCE DEAD BY HER LRS
S/O LATE CHANDRAPPA AGED ABOUT 56 YEARS R/AT BASAVANAHALLI VILLAGE HONNALLI TALUK DAVANAGERE DISTRICT
G. V. CHANNAVEERAPPA DATTU TAYI GANGAMMA DEAD BY HIS LRS
SMT.C. CHANDRAMMA W/O LATE MR. G. V. CHANNAVEERAPPA SINCE DEAD BY HER LRS
5
RESPONDENT NOS.16 TO 18 ARE R/AT NO.130, 1ST MAIN ROAD 11TH CROSS, MAHALAKSHMIPURAM BENGALURU – 560 086
G. VEERAPPA
S/O LATE CHANNABASAPPAGOWDA SINCE DEAD BY HIS LRS
RESPONDENT NOS.20 & 21 ARE R/O 1ST CROSS, BASAVESHWARANAGAR SAVALANGA ROAD, NEAR RAILWAY GATE SHIVAMOGGA CITY
6
G. CHENNABASAPPA
S/O RUDRAPPA, DEAD BY HIS LRS
DHARMAPPARA BASAPPA S/O VEERABHADRAPPA SINCE DEAD BY HIS LRS
RESPONDENTS 27 TO 29 ARE R/AT RAMESWARA, HONNALI TALUK DAVANAGERE DISTRICT
7
DHARAMAPPARA RUDRAPPA S/O LATE DHARAMAPPARA VEERABHADRAPPA DEAD BY HIS LRS
B. M. BASAVANYAPPA S/O VEERAPPA DEAD BY HIS LRS
8
38. MR. M. SHANMUKHAIAH S/O VEERABHADRAIAH AGED ABOUT 60 YEARS
RESPONDENT NOS.19 TO 38 ARE R/O BASAVANAHALLI VILLAGE HONNALI TALUK, DAVANAGERE DISTRICT
… RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED 21.07.2016 PASSED ON IA.NO.II IN OS.NO.260/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC., HONNALI, REJECTING THE PLAINT FILED UNDER ORDER VII RULE 11(a) AND RULE 11(d) OF CPC.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
The appellants have filed a memo dated
25.02.2020 seeking withdrawal of the appeal as not
pressed.
Memo is placed on record.
Accordingly, appeal is dismissed as withdrawn.
Sd/JUDGE
MH/-
1 issue framed by the court
Whether the revision application filed under Section 96 of CPC against the rejection of plaint must be decided on merits or dismissed as withdrawn.
3 provisions across 1 enactments
Sri. G. Veerappa
Sri. G. Veereshappa
Rudruppa (LRS)
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
