A Revisional Appeal under Section 96 CPC against a partition decree was returned by the High Court due to lack of maintainability, granting liberty to file before the appropriate court within three weeks.
Appeal stood returned with liberty to file before the appropriate court within three weeks.
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 13TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.681 OF 2021
BETWEEN:
SRI. C N RAJAPPA AGED ABOUT 76 YEARS, S/O.LATE A NAGAIAH, R/O HEBBANI VILLAGE, BYRAKURU HOBLI, MULABAGAL TALUK, KOLAR DISTRICT - 563 131. ...APPELLANT
(BY SRI NAGARAJA REDDY D, ADVOCATE)
AND:
1 . SMT. C R USHARANI AGED ABOUT 44 YEARS, D/O C.N. RAJAPPA, W/O YOGARAJA, R/A NO.115-B, 1ST STAGE, 4TH A MAIN, BAHUBALI NAGAR, JALAHALLI, BENGALURU - 560 013.
2 . SRI C R NAGAMOHAN AGED ABOUT 48 YEARS, S/O.C.N. RAJAPPA, RESIDENT OF HEBBANI VILLAGE, BYRAKURU HOBLI, MULABAGAL TALUK, KOLAR DISTRICT - 563 131.
R.F.A.No.681 /2021
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3 . SRI C R SUBBAIAH AGED ABOUT 46 YEARS, S/O.C.N. RAJAPPA, RESIDENT OF HEBBANI VILLAGE, BYRAKURU HOBLI, MULABAGAL TALUK, KOLAR DISTRICT - 563 131.
4 . SMT. SHAKEELAMMA AGED ABOUT 51 YEARS, W/O CHANDPASHA RESIDENT OF HEBBANI VILLAGE, BYRAKURU HOBLI, MULABAGAL TALUK, KOLAR DISTRICT - 563 131.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 PASSED IN O.S.NO.324/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MULABAGAL, DECREED THE SUIT FOR PARTITION.
This R.F.A. coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following:
O R D E R
Learned counsel for appellant submits that, in view of the fact that, plaintiff share does not exceed `10,00,000/-, he seeks permission for withdrawal of this appeal for its presentation before the appropriate court.
R.F.A.No.681 /2021
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Registry also raised similar objection regarding
maintainability of this appeal.
In view of the above, appeal stands returned with liberty to file it before the appropriate court, however, within three weeks from today.
Sd/JUDGE
SBN
1 provisions across 1 enactments
SRI. C N RAJAPPA
1 . SMT. C R USHARANI
2 . SRI C NAGAMOHAN
3 . SRI C R SUBBAIAH
4 . SMT. SHAKEELAMMA
Dr. JUSTICE H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
