In Regular First Appeal No. 815 of 2008, this court dismissed the appeal filed under Section 96 of the CPC as withdrawn. The appellant sought withdrawal on the ground that the respondent had died, making the appeal infructuous.
The appeal was dismissed as withdrawn.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:39889 RFA No. 815 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 815 OF 2008
BETWEEN:
VATSALA JAYASHANKAR AGED ABOUT 39 YEARS W/O. K C JAYASHANKAR NO.7/1, "SHIVAKRUPA NILAYA" 9TH CROSS, 3RD MAIN, ADARSH NAGAR, CHAMARAJPET, BANGALORE - 560018.
…APPELLANT
(BY SRI. SHREEGANESH SHASHTRI C.S. ADVOCATE FOR SRI.C.N.SATYANARAYANA SHASTRY., ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
A. SUSHILA AGED ABOUT 57 YEARS D/O. ANTONY NO.7/1-1, 9TH CROSS, 3RD MAIN ADARSH NAGAR, CHAMARAJPET BANGALORE - 560018 …RESPONDENT (VIDE ORDER DATED 19.03.2019 SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT)
THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DT.31.10.2007 PASSED IN O.S.NO. 15490/01 ON THE FILE OF THE XXVI ADDL. CITY CIVIL & SESSIONS JUDGE, MAYOHALL UNIT, BANGALORE, (CCH 20), PARTLY DECREEING THE SUIT FOR RECOVERY OF DAMAGES WITH FUTURE INTEREST.
NC: 2023:KHC:39889 RFA No. 815 of 2008
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the appellant has filed a memo dated 08.11.2023 seeking permission to withdraw the appeal.
“It is submitted that, the Appellant is given to understand that the Respondent herein who was spinster has died and since she has no legal heirs, the above appeal has become infructuous.
Wherefore, it is prayed that the Hon’ble Court be pleased to dismiss the above Appeal having become infructuous in the interest of justice.”
dismissed as withdrawn as it has rendered infructuous .
Sd/JUDGE
CT: JL
DL
1 provisions across 1 enactments
VATSALA JAYASHANKAR
A. SUSHILA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
