The High Court of Karnataka dismissed a regular first appeal filed under Section 96 CPC relating to a partition suit, as the parties had settled and the appellants sought and were granted permission to withdraw the appeal.
Permission to withdraw the appeal was granted, and the appeal was dismissed as withdrawn.
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.
NC: 2023:KHC:19286 RFA No. 246 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 246 OF 2013 (PAR)
BETWEEN:
BOTH ARE RESIDING AT NO. 521 HIMA BINDU, 1ST CROSS ROAD CASHIER LAYOUT TAVAREKERE (BTM LAYOUT) BANGALORE-560029.
…APPELLANTS
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
(BY SRI. K S MAHADEVAN., ADVOCATE)
AND:
NC: 2023:KHC:19286 RFA No. 246 of 2013
BANGALORE-562106.
…RESPONDENTS
(BY SRI. HARINATHA, ADVOCATE FOR R1: SRI.SHAMSUNDAR, ADVOCATE FOR R2 & R3: R4 IS DELETED V/O DATED: 08.11.2016)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.11.2012 PASSED IN O.S.4659/2005 ON THE FILE OF THE XXV-ADDL. CITY CIVIL JUDGE, BENGALURU, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:19286 RFA No. 246 of 2013
JUDGMENT
The learned counsel for the appellants has filed a memo dated 5.6.2023 signed by the parties stating that the parties have settled the matter amicably and hence the appellants seek permission of this Court to withdraw the appeal.
The memo is placed on record.
Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
DM
List No.: 1 Sl No.: 14
1 provisions across 1 enactments
Sri.B.M.Kadaiah
Smt. K Kamala
Master Mohan Kumar
Sri Nagaraj
Smt. Ramakka
Sri Krishna Ram Choudhary
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
