Disposed

S P Kumaraswamy v. Smt Meera

Karnataka HC16 Mar 2023RFA/178/2019

Case brief

AI extract

What is this about?

In Regular First Appeal No.178 of 2019 before the High Court of Karnataka, the court disposed of the appeal on a voluntary withdrawal filed by the appellant with a specific conditional liberty to revive the appeal if a promise of separate house accommodation was not fulfilled.

What did the court decide?

Appeal disposed on withdrawal of appeal with liberty to revive if promise of separate house is not fulfilled.

S P Kumaraswamy Vs Smt Meera — Partition | Karnataka HC (2023)

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RFA No. 178 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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REGULAR FIRST APPEAL NO.178 OF 2019 (PAR)

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BETWEEN:

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S P KUMARASWAMY S/O LATE PURUSHOTHAM AGED ABOUT 54 YEARS R/O LAKSHMI VENKATESH NILAYA 1^ST CROSS,CHANNAPPA LAYOUT, SHIMOGA-577 201

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…APPELLANT

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(BY SRI. R GOPAL., ADVOCATE)

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AND:

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SMT MEERA

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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W/O VINAYAKA RAO, AGED ABOUT 74 YEARS R/O OPPOSITE GOVT.PRIMARY SCHOOL, CHIKKAL,SIDDESHWARA NAGAR, SHIVAMOGGA-577 201

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SMT KAMALA W/O RAMDAS, AGED ABOUT 73 YEARS R/O MANJUSHRI NILAYA, NO.140, 7^TH MAIN, 4^TH STAGE, BASAVESHWARA NAGAR, BANGALORE-560 079

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RFA No. 178 of 2019

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SMT SHYAMALA S SHET W/O SURESH SHET, AGED ABOUT 61 YEARS R/O SOMESHWARA NILAYA, SHIVAPURA, NEAR RAJADHANI COLONY, GOKUL NAGAR, HUBLI-580 020

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SMT VIMALA W/O VENKATESH,

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AGED ABOUT 61 YEARS R/O RADHAKRISHNA NILAYA, 4^TH CROSS, JYOTHI RAO STREET, VIDYANAGAR, SHIVAMOGGA-577 201

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PRAKASH S P S/O LATE PURUSHOTHAM AGED ABOUT 57 YEARS R/O LAKSHMI VENKATESH NILAYA, 1^ST CROSS, CHANNAPPA LAYOUT, SHIVAMOGGA-577 201

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M PRASAD S/O LATE PURUSHOTHAM, AGED ABOUT 65 YEARS

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R/O MURTHYUNJAYA AGRO KENDRA,

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KAVALLI BUILDING, NCM NEAR SWIMMING POOL, HUBLI-580 020

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DR S NAGARAJ S/O LATE PURUSHOTHAM,

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RFA No. 178 of 2019

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AGED ABOUT 71 YEARS R/O ANNAPOORNESHWARI NIALYA, RAJDHANI COLONY, GOKUL NAGAR,HUBLI, 580 020

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S MANJUNATH S/O LATE PURUSHOTHAM AGED ABOUT 70 YEARS R/O AMRUTH MAHAL, GREEN GARDEN GOKUL ROAD, NEAR RAJADANI COLONY, HUBLI-580 020

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…RESPONDENTS

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(BY SRI. P N HARISH, ADVOCATE FOR C/R5., R1 TO R3, R6 TO R8 ARE SERVED)

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RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.12.2018 IN OS NO.114/2013 (OLD NO.317/2012) ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., SHIVAMOGGA DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION, MANDATORY INJUNCTION AND MESNE PROFIT, OF PLAINTIFF NO.1 TO 7 AND DISMISSING THE COUNTER CLAIM OF APPELLANT.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

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COURT DELIVERED THE FOLLOWING:

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RFA No. 178 of 2019

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JUDGMENT

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Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The memo reads as under:

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“ The appellant submits that respondents have promised to provide a separate suitable house on ownership at their costs for occupation of appellant and his family and as such appellant prays that he may be permitted to withdraw the above first appeal with liberty to revive the appeal for disposal on merits in the event of failure to fulfill the above promise, in the interest of justice and equity.

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The appeal is disposed of in terms of the memo

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reserving liberty in favour of the appellant as sought for in the memo.

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Sd/-

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JUDGE

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KLY

S P Kumaraswamy v. Smt Meera

Case brief

What is this about?

What did the court decide?

S P Kumaraswamy v. Smt Meera

Case brief

What is this about?

What did the court decide?

What the court decided

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