First appeal filed under Sec.96 CPC against a decree allowing partition and separate possession. Court discharged appellant due to filing error before district court and disposed appeal as withdrawn with liberty to re-file.
Appeal disposed as withdrawn with liberty to file appeal before the appropriate forum.
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NC: 2023:KHC:33611 RFA No. 1670 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 1670 OF 2023 (PAR)
BETWEEN:
SRI MAHALINGAIAH, SON OF MUDDAIAH, AGED ABOUT 68 YEARS, R/AT FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572 216.
…APPELLANT
(BY SRI CHANDRASHEKAR PATIL, ADVOCATE)
AND:
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
NC: 2023:KHC:33611 RFA No. 1670 of 2023
R/AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572 216.
AGED ABOUT 52 YEARS, R/AT FORM HOUSE, AMMANAGHATTA VILLAGE, KASABA HOLBI, GUBBI TALUK, TUMKURU DISTRICT-572 216.
…RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 19.06.2023 PASSED IN FDP NO.4/2019 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, GUBBI., ALLOWING THE APPEAL FILED UNDER SEC.54 OF CPC., FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the
appellant.
than Rs.10,00,000/- and therefore, the appeal lies before the concerned District Court. Hence, the appellant is permitted to withdraw the appeal.
with liberty to the appellant to file an appeal before the Appropriate Forum.
Sd/JUDGE
List No.: 1 Sl No.: 4
tsn*
SRI MAHALINGAIAH, SON OF MUDDAIAH
SRI NIJANANDA MURTHY
SRI PARAMESHVARAIAH
SRI RAMANNA
SRI NAGARAJU
SRI MAHADEVAIAH
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
