The First Appellate Court dismissed a first appeal against the dismissal of a partition suit by cancelling the proceedings as the parties had settled the matter and the appeal was not pressed.
The appeal is dismissed as not pressed.
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.
NC: 2023:KHC:19218 RFA No. 136 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 136 OF 2023 (PAR)
BETWEEN:
AGED ABOUT 40 YEARS,
D/O. LATE MADAIAH,
AGED ABOUT 47 YEARS,
3. BASAVARAJU
S/O. MAHADEVA,
AGED ABOUT 51 YEARS,
4. RAVI
S/O. MAHADEVA,
AGED ABOUT 48 YEARS,
Digitally signed by BHARATHIDEVI K KORLAHALLI Location: High Court of Karnataka
S/O. MAHADEVA,
AGED ABOUT 44 YEARS,
6. MAHESH
S/O. MAHADEVA,
AGED ABOUT 42 YEARS,
7. SUDHA
D/O. MAHADEVA,
AGED ABOUT 46 YEARS,
8. MAHESH
S/O. PAPANNA,
AGED ABOUT 46 YEARS,
NC: 2023:KHC:19218 RFA No. 136 of 2023
ALL ARE R/AT NADANAHALLI VILLAGE, KASABA HOBALI, MYSORE TALUK, MYSORE-570 028.
…APPELLANTS
(BY SRI. SANDEEP S., ADVOCATE FOR SRI VEERABHADRA SWAMY H P., ADVOCATE)
AND:
1. SHAMILA
W/O. U. N. ABDUL RASHEED, AGED ABOUT 56 YEARS, R/AT 356, 3RD CROSS, K.R. HOSPITAL ROAD, MYSORE.
4. SHIVANNA
NC: 2023:KHC:19218 RFA No. 136 of 2023
5. PAPANNA
S/O. LATE MADAIAH, AGED ABOUT 61 YEARS,
RESPONDENT 2 TO 5 ARE R/AT NADANAHALLI VILLAGE, MYSORE TALUK, AND DISTRICT-570 028.
…RESPONDENTS
(BY SRI. SHIVARAMA BHAT O., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.01.2012 PASSED IN OS No.212/2007 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MYSORE , DISMISSING THE SUIT FOR PARTITION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING :
ORDER
Learned counsel for the appellants and learned
counsel for Caveator/respondent No.1 are physically present in the Court.
Learned counsel for the appellants files a memo dated 05.06.2023 seeking dismissal of the appeal as not
pressed. Both side submits that the parties have settled the matter.
In the light of the above and in view of the supporting submission made, the Appeal stands
dismissed as not pressed.
Sd/JUDGE
BK
List No.: 1 Sl No.: 64
1 issue framed by the court
Whether the first appeal against dismissal of partition suit should be allowed, given that parties have settled and dismissed it.
Sri. Sadananda
Madevi
Basavaraju
Ravi
Kumara
Mahesh
H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
