Dismissed

Sri. Virupakshappa G M v. Sri. M Veerabhadrappa

Karnataka HC8 Sept 2022RFA/310/2019

Case brief

AI extract

What is this about?

The appellant sought to withdraw the first appeal against an order allowing a compromise petition. The High Court allowed the withdrawal with a liberty to question the compromise decree in a related pending appeal and dismissed the current appeal.

What did the court decide?

Leave granted to withdraw the appeal with liberty to question the compromise decree in RFA 1109/2018.

Sri. Virupakshappa G M Vs Sri. M Veerabhadrappa — Property and Title | Karnataka HC (2022)

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RFA No. 310 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

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AND

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THE HON'BLE MR. JUSTICE UMESH M. ADIGA REGULAR FIRST APPEAL NO. 310 OF 2019 (PAR)

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BETWEEN:

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SRI. VIRUPAKSHAPPA .G.M S/O SRI MAHESHWARAPPA AGED ABOUT 52 YEARS R/O NO 1771/9, 2ND CROSS VINAYAKA EXTENSION

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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DAVANAGERE-577 002. …APPELLANT

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(BY SHRI. ANOOP HARNAHALLI, ADVOCATE)

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AND:

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SRI. M VEERABHADRAPPA S/O M. MUDEGWODAPPA AGED ABOUT 81 YEARS

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SMT M.V. JAYAMMA W/O M. VEERABHADRAPPA AGED ABOUT 76 YEARS

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SRI M.V. RAVI S/O M. VEERABHADRAPPA AGED ABOUT 54 YEARS

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SMT B.N. ASHA W/O SRI M.V. RAVI AGED ABOUT 47 YEARS R1 TO R4 ARE RESIDING AT

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RFA No. 310 of 2019

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'BAKKESHWARA' NO # 852/6, 9TH CROSS TARALABALU BADAVANE DAVANGERE-577 005.

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SRI RITTI MAHABUB SAB S/O KASIMSAB

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AGED ABOUT 70 YEARS

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5(A) DR. PAIRAJA D/O LATE. RITTI MAHABUB SAB R/AT 586/1-2-3 8TH CROSS, KTJ NAGAR DAVANAGERE-577 003.

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SMT MUMTAZ W/O RITTI MOHAMMED SAB AGED ABOUT 58 YEARS R/AT 1394/4, 8TH CROSS KTJ NAGARA DAVANAGERE-577 002.

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SRI RITTI MOHAMMED SAHRIEFSAB S/O SASIM SAB AGED ABOUT 65 YEARS

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SMT CHAMANBI W/O RITTI MOHAMMED SAHRIEFSAB AGED ABOUT 54 YEARS

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R7 & R8 ARE R/AT 1394/4, 8TH CROSS KTJ NAGARA DAVANAGERE-577 002.

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SRI K. THIPPESWAMY S/O KENCHAPPA AGED ABOUT 66 YEARS R/O NO 67/2 & 68/4 CHIKKANAHALLI BADAVANE

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RFA No. 310 of 2019

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NITTUVALLI

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DAVANAGERE-577 004. …RESPONDENTS

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(BY SHRI. B.M. ARUN, ADVOCATE FOR R1 TO R4; SHRI. R. SATISH CHANDRA, ADVOCATE FOR R5; R6, R7, R8 & R9 ARE SERVED-UNREPRESENTED)

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RFA FILED U/S 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE ORDER DTD 22.04.2018 PASSED IN OS.NO.45/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM DAVANGERE ALLOWING THE COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF CPC.

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THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S. DINESH KUMAR J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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Shri Anoop Haranahalli, learned advocate for the appellant has filed a memo of even date seeking to withdraw this appeal and it reads as follows:

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"The appellant may be permitted to withdraw the above appeal with liberty to question the compromise decree dated 22.04.2018 passed in O.S.No.45/2018 by the III Addl. Senior Civil Judge, Davanagere, in RFA 1109/2018 pending before this Hon'ble Court in accordance with law"

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RFA No. 310 of 2019

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Memo be kept in record. Leave granted.

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This appeal is dismissed as withdrawn with liberty as

sought in the memo.

No costs.

Sd/JUDGE

Sd/JUDGE

YN List No.: 1 Sl No.: 21

Sri. Virupakshappa G M v. Sri. M Veerabhadrappa

Case brief

What is this about?

What did the court decide?

Sri. Virupakshappa G M v. Sri. M Veerabhadrappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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