The court recorded the appellant's memo for withdrawing the regular first appeal. The appeal was dismissed as withdrawn with liberty to file before the District Judge, and the appellant was granted relief under Section 14 of the Limitation Act.
Liberty to file the appeal before the District Judge and relief under Section 14 of the Limitation Act.
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NC: 2023:KHC:27723 RFA No. 1552 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1552 OF 2023
Between:
G.C.Prabhu S/o. G.N.Chandra Reddy Aged about 36 years R/at Gunjur Village and Post Varthur Hobli, Bengaluru-560087
…Appellant
(By Sri Prakash R.B., Advocate)
And:
Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:27723 RFA No. 1552 of 2023
R/at No.727, Marathahalli Near Tulasi Theater Bengaluru-560037
…Respondents
(By Sri. Vijaya Kumar K., Advocate, for C/R3)
This RFA filed under Section 96 r/w Order 41 Rule 1 of CPC against the judgment and decree dated 10.04.2023 passed in OS No.315/2004 on the file of the IV Additional Senior Civil Judge Bengaluru Rural District, Bengaluru dismissing the suit for partition.
This RFA, coming on for orders , this day, the court delivered the following:
JUDGMENT
Learned counsel for caveator/respondent No.3 is present.
withdrawing the appeal with liberty to file the same before the District Judge.
appellant and memo are placed on record.
NC: 2023:KHC:27723 RFA No. 1552 of 2023
the appellant to file the same before the District Judge. Appellant is entitled for the relief under section 14 of the Limitation Act.
Office is directed to return the original documents to
the learned counsel for the appellant.
Sd/JUDGE
CKL
List No.: 1 Sl No.: 23
2 issues framed by the court
Whether to allow withdrawal of the regular first appeal with liberty to file before the District Judge.
Whether the appellant is entitled to relief under Section 14 of the Limitation Act.
2 provisions across 2 enactments
G.C.Prabhu
G.N.Chandra Reddy
Smt. G.C.Shaila
Smt. Ashwathamma
The Tahsildar Bengaluru East Taluk
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
