The High Court of Karnataka dismissed an appeal filed under Order 41 Rule 1 of the CPC as withdrawn by the appellant, while keeping the applicant's right to implead open.
The appeal is dismissed as withdrawn; rights of impleading applicant kept open.
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 19TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.F.A.No.519/2009
BETWEEN:
SRI D RAMANNA S/O LATE DEVAPPA, AGED ABOUT 65 YEARS RESIDING AT RAMACHANDRAPURA, BANGALORE NORTH TALUK BANGALORE. ...APPELLANT
(BY SRI K MANJUNATH, ADVOCATE)
AND:
1 . SMT. NARAYANAMMA WIFE OF LATE D. KEMPANNA MAJOR
2 . SMT. LAKSHMI D/O LATE D. KEMPANNA MAJOR
BOTH 1 AND 2 ARE RESIDING AT No.32, NARASIPURA LAYOUT VIDYARANAYAPURA BANGALORE – 560 097.
3 . SMT. K. SUMITHRA, D/O LATE D. KEMPANNA
2
MAJOR, RESIDING AT No.310, 1st ‘B’ CROSS, NARASIPURA LAYOUT, VIDYARANYAPURA, BANGALORE- 560 097.
4 . SMT. KEMPAMMA WIFE OF LATE D. LAKSHMANA.
5 . SRI NAGARAJ MAJOR
6 . SRI. LOKESH MAJOR 5 AND 6 ARE CHILDREN OF LATE D LAKSHMANA, 4,5 AND 6 ARE RESIDING AT RAMACHANDRAPURA, BANGALORE NORTH TALUK BANGALORE. …RESPONDENTS
(BY SRI C S SURESH, ADVOCATE FOR R1 TO R3 SRI SHARATH S GOWDA, ADVOCATE FOR R4 TO R6)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.12.2008 PASSED IN O.S.No.3106/1992 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
Learned counsel for appellant has filed a memo seeking permission to withdraw the appeal.
Memo is placed on record.
Appeal is dismissed as withdrawn.
The rights of impleading applicant is kept open.
Sd/JUDGE
SBN
2 issues framed by the court
Whether to accept the withdrawal of the appeal filed by the appellant.
Whether to allow the application for impleading a party to the suit.
1 provisions across 1 enactments
Sri D Rannanna S/o Late Devappa
Smt. Narayanamma W/o Late D. Kempanna Major
Smt. Lakshmi D/o Late D. Kempanna Major
Smt. K. Sumithra D/o Late D. Kempanna Major
Smt. Kempamma W/o Late D. Lakshmana
Sri Nagaraj Major
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
