Disposed

Sri. Nanjappa v. Smt. Lakshmamma

Karnataka HC7 Dec 2023RFA/1910/2022

Case brief

AI extract

What is this about?

Regular First Appeal No. 1910 of 2022 was disposed of as withdrawn by the appellants, with liberty granted to file an appropriate appeal before the Jurisdictional Appellate Court or District Judge within six weeks, entitling them to Section 14 of the Limitation Act.

What did the court decide?

Appeal disposed of as withdrawn; liberty reserved to file appropriate appeal; papers returned to appellants.

Sri. Nanjappa Vs Smt. Lakshmamma — Partition | Karnataka HC (2023)

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NC: 2023:KHC:44288 RFA No. 1910 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1910 OF 2022 (PAR)

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BETWEEN:

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SRI. NANJAPPA, S/O. GOVINDAPPA, AGED ABOUT 61 YEARS.

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SRI. S. NARAYANA, S/O GOVINDAPPA, AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT K.G. SREENIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.

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…APPELLANTS

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(BY SRI. GANGADHARAIAH A.N., ADVOCATE)

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. LAKSHMAMMA, W/O. LATE B.N. NARASIMHAIAH, AGED ABOUT 72 YEARS, RESIDING AT :COLONY, OPP. TO RURAL POLICE STATION, NELAMANGALA TOWN.

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SMT. NARASAMMA, D/O. LATE B.N. NARASIMHAIAH, AGED ABOUT 67 YEARS, RESIDING AT : MAYAKUPPANAHALLI.

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2 - NC: 2023:KHC:44288 RFA No. 1910 of 2022

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SMT. THIMMAKKA, W/O. LATE RANGAPPA, AGED ABOUT 80 YEARS.

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SMT. BYLAMMA, W/O. LATE THIRUMALE GOWDA, AGED ABOUT 80 YEARS, BOTH ARE RESIDING AT: BINNAMANGALA VILLAGE, KASABA HOBLI, NELAMANGALA, BANGALORE RURAL DISTRICT.

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SRI. MUNIBHYRAPPA, S/O. LATE NANJAPPA, AGED ABOUT 81 YEARS, NEAR ASHWATHKATTE, SUBRAMANYANAGARA, BENGALURU.

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SRI. GOVINDAPPA, S/O LATE NANJAPPA, AGED ABOUT 78 YEARS, K.G. SREENIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.

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M/S VIJAYA DEVELOPERS, NO.13, J.C. ROAD, TUMKUR, REP. BY ITS MANAGING PARTNER. SRI. T.K. NANJUNDAPPA.

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M/S VIJAYA DEVELOPERS, NO.13, J.C. ROAD, TUMKUR, REP. BY ITS MANGAING PARTNER, SRI. T.G. MRUTHYUNJAYA.

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…RESPONDENTS

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3 - NC: 2023:KHC:44288 RFA No. 1910 of 2022

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.10.2021 PASSED IN OS No.315/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION AND ETC.,

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for appellants has filed a memo seeking withdrawal of the appeal, reserving liberty in favour of appellants to file an appropriate appeal before the Jurisdictional Appellate Court / District Judge.

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Memo is placed on record.

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Appeal is disposed of as withdrawn reserving liberty in favour of the appellants to file an appropriate appeal before the Jurisdictional Appellate Court / District Judge.

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If such an appeal is preferred within a period of six weeks from today, the appellants would be entitled to benefit of Section 14 of the Limitation Act.

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Registry is directed to return all the papers back to the appellants forthwith without any delay.

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DHA List No.: 1 Sl No.: 18 CT: ABS

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Sd/JUDGE

Sri. Nanjappa v. Smt. Lakshmamma

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Sri. Nanjappa v. Smt. Lakshmamma

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