The High Court permitted withdrawal of the suit and appeal by the appellants with liberty to file a fresh suit for partition, applying Order XXIII Rule 2 CPC regarding limitation.
I.A.4/2023 allowed. Withdrawal of the suit and appeal permitted. Liberty granted to file a fresh suit subject to Order XXIII Rule 2 CPC.
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, DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 1829 OF 2007 (INJ)
BETWEEN:
Digitally
signed by
V N
V N BADIGER
BADIGER Date:
2023.12.06
11:16:19
+0530
…APPELLANTS
(BY SRI. SRINAND A PACHHAPURE.,ADVOCATE)
AND:
NC: 2023:KHC-D:14122 RFA No. 1829 of 2007
AGE: MAJOR, OCC: AGRIUCLURE, R/O: UGARGOL, TAL: SOUNDATTI, DIST: BELAGAVI – 590001.
2A. SMT. HANAMAVVA W/O. NEELAPPA KUDARI @ UPPAR, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: UGARGOL VILLAGE, TAL: SOUNDATTI, DIST: BELAGAVI – 591126.
2B. SRI. SHIVANAND S/O. NEELAPPA KUDARI @ UPPAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: UGARGOL VILLAGE, TAL: SOUNDATTI,
DIST: BELAGAVI – 591126.
DIST: BELAGAVI – 591126.
AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: UGARGOL, TAL: SOUNDATTI, DIST: BELAGAVI – 591126.
…RESPONDENTS
(BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE FOR R8, R9, R11, R12 (A-C) AND R15;
SRI. LINGARAJ MARADI, ADVOCATE FOR R1; NOTICE SERVED TO R3, R2(A-E), R5, R6 AND R12(A-C); R4 AND R7 ARE DECEASED AND REPRESENTED BY R5, R6, R8 ARE LRS; NOTICE TO R13, R14, R16 HELD SUFFICIENT)
This regular first appeal filed u/s.96 of cpc, paying to set aside the judgment and decree dt.30.3.2007 passed in o.s.no.73/2001 on the file of the civil judge (sr.dn), saundatti.
This appeal, coming on for further hearing, this day, the court delivered the following:
ORDER
An application – I.A.4/2023 is filed seeking permission of the court to withdraw the suit.
bar and also perused the records.
the suit, same can be permitted subject to all just exceptions. Accordingly, I.A.4/2023 is allowed. Appellants are permitted to withdraw the appeal and the suit and liberty is granted to the appellants to file a fresh suit. However, the provisions of order xxiii rule 2 will apply as far as question of limitation is concerned.
Appeal is dismissed as withdrawn.
Sd/JUDGE
BRN LIST NO.: 1 SL NO.: 38
2 issues framed by the court
Whether permission is granted to withdraw the suit and appeal with liberty to file a fresh suit for partition and declaration.
Whether Order XXIII Rule 2 CPC regarding limitation applies to the right to file a fresh suit after withdrawal.
2 provisions across 1 enactments
Yallappa Ningappa Kudari
Huchappa Ningappa Kudari
Kallappa Ningappa Kudari
Basappa Gireppa Kudari
Neelappa Siddappa Kudari
Smt. Hanamavva
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
