In this regular first appeal regarding the dismissal of a partition suit, the High Court of Karnataka allowed the appellants to withdraw the appeal with liberty to prefer a second appeal before the Appellate Court if filed within six weeks, granting benefit under Section 14 of the Limitation Act.
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 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1509 OF 2023 (PAR)
BETWEEN:
…APPELLANTS
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
(BY SRI. N MAHALINGA BHAT, ADVOCATE)
AND:
AGED ABOUT 55 YEARS, RESIDING AT "MANJUNATHA NILAYA", 3RD BLOCK, PONNAMPET TOWN AND POST, SOUTH KODAGU.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 1.04.2023 PASSED IN OS NO.19/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET., DISMISSING THE SUIT FOR PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:40546 RFA No. 1509 of 2023
JUDGMENT
The learned Counsel for the appellants submits that the appellants may be permitted to withdraw the appeal reserving liberty in their favour to prefer an appeal before the appropriate jurisdictional Appellate Court. The said submission is placed on record.
in favour of the appellants to prefer an appeal before the jurisdictional Appellate Court. If such an appeal is filed within six weeks from today, the appellants would be entitled to the benefit under Section 14 of the Limitation Act.
Sd/JUDGE
NSU List No.: 1 Sl No.: 17 CT:BHK
Sri. B.R. Muddappa
Sri. B. R. Devaiah
Sri. Balyameedira Raj
Smt. B.R. Shanthi
Smt. Shiny C Paul
Sri. B K Somappa
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
