The High Court of Karnataka dismissed an appeal filed under Section 96 CPC as withdrawn by the appellant after counseling regarding venue suitability and sought return of certified copy.
Return of certified copy of the impugned order to learned counsel for appellant after retaining a xerox copy.
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 12TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.F.A.No.713/2020
BETWEEN:
SMT.VARALAKSHMI D/O MUNIBYRAPPA W/O LOKESH
AGED ABOUT 40 YEARS R/AT:No.92, NEAR VENUGOPALA
SWAMY TEMPLE
KOGILU VILLAGE YELAHANKA HOBLI BANGALORE – 560 064. ..APPELLANT
(BY SRI K P BHUVAN, ADVOCATE)
AND:
1 . SRI MUNIBYRAPPA S/O LATE MUNIBYRAPPA, AGED ABOUT 68 YEARS.
2 . SRI M MAHESH S/O MUNIBYRAPPA, AGED ABOUT 43 YEARS.
BOTH ARE RESIDING AT AGRAHARA VILLAGE, JAKKUR POST, YELAHANKA HOBLI, BANGALORE NORTH – 560 064.
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3 . SRI A.M. MARIYAPPA S/O LATE MUNIBYRAPPA, AGED ABOUT 55 YEARS, R/AT:AGRAHARA VILLAGE, JAKKUR POST, YELAHANKA HOBLI, BANGALORE NORTH- 560 064.
4 . SRI A D MARIYAPPA S/O DOOMANNA, AGED ABOUT 56 YEARS, R/AT: AGRAHARA VILLAGE, JAKKUR POST, YELAHANKA HOBLI BANGALORE NORTH – 560 064.
5 . SRI M JAYAGOPA GOWDA S/O LATE NARAYANA GOWDA, AGED ABOUT 50 YEARS, R/AT: THANISANDRA VILLAGE, ARABIC COLLEGE POST, BANGALORE EAST TALUK.
6 . M/s. SATYA HERITAGE HOMES OFFICE AT No.G-2, NAVEEN APARTMENTS, 13TH MAIN ROAD, VASANTH NAGAR, BANGALORE – 560 052. REPRESENTED BY ITS PARTNER MR. SACHIN KAMATH ..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.1.2019 PASSED IN OS.No.996/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU DISMISSING THE SUIT FOR PARTITION AND DECLARATION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for appellant submits that the total valuation of the property is Rs.24,00,000/- and value of appellant’s share is Rs.8,00,000/- and due to oversight he has presented the appeal before this court. Learned counsel has filed a memo seeking permission to withdraw the appeal and for taking
return of the file to file it before proper court.
Memo is taken on record.
Appeal is dismissed as withdrawn.
Office is directed to return the certified copy of the impugned order to the learned counsel for appellant after retaining a xerox copy of the same.
Sd/JUDGE
SBN
1 provisions across 1 enactments
Smt. Varalakshmi
Sri Munibyrappa
Sri M Mahesh
Sri A.M. Mariyappa
Sri A D Mariyappa
Sri M Jayagopa Gowda
N.K.Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
