Dismissed

Smt B Jamuna Singh D/O Late N Balaram Singh v. Sri Sathyanarayana Singh S/O Late Balaram Singh

Karnataka HC9 Nov 2023RFA/2095/2006

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a regular first appeal filed under Section 96 of the CPC against a partition decree as settled out of court. The appellant filed a withdrawal memo stating that disputes with certain respondents were resolved. No substantive legal issues were decided.

What did the court decide?

Appeal dismissed as settled out of court on the filing of withdrawal memo.

Smt B Jamuna Singh D/O Late N Balaram Singh Vs Sri… — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:40302 RFA No. 2095 of 2006

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 2095 OF 2006 (PAR)

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BETWEEN:

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SMT.B.JAMUNA SINGH, D/O LATE N.BALARAM SINGH, W/O CHANDRA KUMAR, AGED ABOUT 49 YEARS, NO.2, 1ST MAIN ROAD, PRASHANTHNAGAR, BANGALORE - 560 079.

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…APPELLANT

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(BY SRI.A.MOHAN RAM AND SRI.A.M.VIJAY, ADVOCATES)

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AND:

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SRI.SATHYANARAYANA SINGH, S/O LATE BALARAM SINGH, Digitally signed by R AGED ABOUT 54 YEARS, MANJUNATHA NO.69, VENKATASWAMAPPA Location: HIGH COURT BADAVANE, VIDYARANYAPURAM, OF BANGALORE - 560 097. KARNATAKA

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SMT.KUMARI BAI, D/O LATE BALARAM SINGH, W/O SATHYANARAYANA SINGH, AGED ABOUT 64 YEARS, NO.2, 8TH CROSS, 1ST MAIN, PRASHANTHNAGAR, BANGALORE-560 079.

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2 - NC: 2023:KHC:40302 RFA No. 2095 of 2006

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SMT.LEELA SELVAM, D/O LATE N.BALARAM SINGH, W/O DR.PANEERSELVAM, AGED ABOUT 61 YEARS, NO.1831(N), BISSEL STREET, CHICAGO, IL 60614-5012, U.S.A.

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SMT.JAYABHARATI BAI, D/O LATE N.BALARAM SINGH, W/O B.NARAYANA SINGH, AGED ABOUT 58 YEARS, NO.6/53, 1ST MAIN ROAD, 3RD CROSS, OPP. NEHRU SCHOOL, AZADNAGAR, BANGALORE - 560 018.

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SRI.P.DAKSHINA MURTHY @ P.D.MURTHY, SINCE DEAD BY LR'S

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5(A). SRI.D.SATHISH KUMAR, S/O LATE P.DAKSHINA MURTHY, AGED ABOUT 55 YEARS,

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5(B). D.PON KUMAR, S/O LATE P.DAKSHINAMURTHY, AGED ABOUT 53 YEARS,

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5(C). D.ELANGOVAN,

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S/O LATE P.DAKSHINA MURTHY, AGED ABOUT 51 YEARS,

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5(D). D.RAMESH KUMAR, S/O LATE P.DAKSHINA MURTHY, AGED ABOUT 49 YEARS,

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3 - NC: 2023:KHC:40302 RFA No. 2095 of 2006

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5(E). D.BHARATH KUMAR, S/O LATE P.DAKSHINA MURTHY, AGED ABOUT 48 YEARS,

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5(F). D.SANJEEV KUMAR, S/O LATE P.DAKSHINA MURTHY, AGED ABOUT 55 YEARS,

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ALL ARE RESIDENTS OF NO.125, 3RD MAIN, 8TH CROSS, CHAMARAJAPET, BENGALURU - 560 018.

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SMT.G.SHANTHI, W/O SRI.P.DAKSHINA MURTHY, AGED ABOUT 58 YEARS, R/AT NO.125, WARD NO.46, 3RD MAIN ROAD, CHAMARAJPET, BANGALORE-560 018

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…RESPONDENTS

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(BY SRI.NARASINGASA P. SINGARI, ADVOCATE FOR R1; SRI.T.N.RAGHUPATHY AND SRI.G.JAYASHREE, ADVOCATES FOR R6; R2, R3, R4 AND R7 - SERVED; V/O/D 21.03.2023 APPEAL AGAINST R5 AND R6 IS ABATED; SRI.HARISH KUMAR GOWDA H.R., ADVOCATE FOR R5(A TO F)

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THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED:24.07.2006 PASSED IN O.S.NO.6454/2002 ON THE FILE OF THE XXII ADDL.CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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NC: 2023:KHC:40302 RFA No. 2095 of 2006

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

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COURT DELIVERED THE FOLLOWING:

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ORDER

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Learned counsel for the appellant has filed a memo

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dated 09.11.2023 for withdrawal. The memo reads as under:

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"The Appellant prays this Hon'ble Court to dismiss the above Appeal since the disputes involved in the above case as between the Appellant and Respondent 5(a) to 5(f) have been settled out of Court. Hence, the Appellant does not wish to pursue the above matter."

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Memo is taken on record.

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In view of the above memo, appeal is

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dismissed as settled out of the Court.

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Sd/JUDGE

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KAV

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List No.: 1 Sl No.: 27

Smt B Jamuna Singh D/O Late N Balaram Singh v. Sri Sathyanarayana Singh S/O Late Balaram Singh

Case brief

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Smt B Jamuna Singh D/O Late N Balaram Singh v. Sri Sathyanarayana Singh S/O Late Balaram Singh

Case brief

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