Dismissed

Smt. Renuka v. Smt. Prema

Karnataka HC8 Dec 2023RFA/1066/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the regular first appeal as withdrawn. The court granted the appellant four months to vacate the property, subject to filing an undertaking, while reserving the respondent's defences in a future partition suit.

What did the court decide?

The appeal disposed of as withdrawn; appellant granted four months to quit and deliver vacant possession of the suit schedule property.

Smt. Renuka Vs Smt. Prema — Partition | Karnataka HC (2023)

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NC: 2023:KHC:44540 RFA No. 1066 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1066 OF 2021 (INJ)

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BETWEEN:

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SMT. RENUKA W/O LATE RAMASWAMY @ RAJAPPA AGED ABOUT 48 YEARS, R/AT NO.29, BSK 3^RD STAGE, KATRIGUPPE BENGALURU SOUTH BENGALURU – 560 085

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…APPELLANT

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(BY SRI. B C CHETHAN BALAKRISHNA, ADVOCATE)

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. PREMA W/O LATE BYANNA AGED ABOUT 44 YEARS R/AT NO.22, BANASHANKARI 3^RD STAGE, MARAMMA TEMPLE BENGALURU – 560 085

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…RESPONDENT

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(BY SRI. RAVI A BELAGATTI, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 41 RULE 1 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-9), AT BENGALURU, IN O.S.NO.1533/2019 DATED 10.03.2020.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2023:KHC:44540 RFA No. 1066 of 2021

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JUDGMENT

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Learned Counsel for the appellant has filed a memo dated 08.12.2023 seeking withdrawal of the appeal. The said memo reads as under:

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MEMO FOR WITHDRAWAL

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“The appellant in the above appeal hereby request this Hon’ble Court to withdraw the above appeal as not pressed, with liberty to file necessary suit against this respondent for Partition and separate possession of the property in question along with other joint family properties.

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The appellant hereby undertake to vacate the Property in question within six months from this date.

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The above Memo may be taken on record in the interest of justice and equity.”

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Accordingly, the appeal is disposed of as withdrawn.

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Liberty is reserved in favour of the appellant to file a separate suit for partition and separate possession of the alleged joint family properties. In case such a suit is filed, all defences available to the respondent are kept open. All rival contentions on all aspects of the matter in the present suit as well as any future litigation between the parties are kept open and it is made clear that mere withdrawal of this appeal and liberty granted in favour of the

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3 - NC: 2023:KHC:44540 RFA No. 1066 of 2021

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appellant will not cause prejudice to the respondent or her rights over the suit schedule property.

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Though the appellant has sought for six months time to quit and deliver vacant possession of the suit schedule property to the respondent, since the said request is vehemently opposed by the respondent, in the interest of justice the appellant is granted four months time to quit and deliver vacant possession of the suit schedule property to the respondent subject to filing of an affidavit undertaking within a period of four weeks from today before the Executing Court incorporating the following terms and conditions:

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i) That the appellant shall voluntarily quit and deliver vacant possession of the suit schedule property to the respondent.

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ii) The appellant shall not sub-let or part with possession or induct any third party into the suit schedule property before she quits and delivers vacant possession of the property to the respondent.

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It is made clear that mere filing of a suit for partition will not affect the liability of the appellant to quit and deliver vacant possession of the suit schedule property to the respondent as

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NC: 2023:KHC:44540 RFA No. 1066 of 2021

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stated above and the appellant shall not be entitled to take up any contrary contention in the said partition suit.

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Subject to the aforesaid directions appeal is disposed off as withdrawn.

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Sd/JUDGE

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JT/-

Smt. Renuka v. Smt. Prema

Case brief

What is this about?

What did the court decide?

Smt. Renuka v. Smt. Prema

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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