Dismissed

Smt. S. Rajeshwari v. Rural Welfare and Development Association

Karnataka HC18 Aug 2023RSA/1188/2017

Case brief

AI extract

What is this about?

In this regular second appeal filed under Section 100 CPC, the Court permitted the appellant to withdraw the appeal due to the filing of a pending comprehensive suit, allowing parties to raise all grounds before the trial court.

What did the court decide?

Permission granted to withdraw the appeal; liberty given to raise all grounds before the Trial Court in a comprehensive suit.

Smt. S. Rajeshwari Vs Rural Welfare and Development… — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:29423 RSA No. 1188 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO. 1188 OF 2017 (DEC/INJ)

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BETWEEN:

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SMT. S. RAJESHWARI W/O SRI P. SURENDRASHET AGED ABOUT 46 YEARS, R/AT NO.346/4, 8^TH MAIN ROAD SHASTRINAGAR BANGALURU -560 028.

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…APPELLANT

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(BY SRI B.R. SRINIVASA GOWDA, ADVOCATE)

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AND:

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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RURAL WELFARE AND DEVELOPMENT ASSOCIATION HONNIGANAHALLI, CHANNAPATNA BANGALORE RURAL DISTRICT REPRESENTED BY ITS SECRETARY K.P.NAGESH S/O LATE PUTTEGOWDA AGED ABOUT 41 YEARS, KODAMBALLI POST, CHANNAPATNA TALUK RAMANAGARA DISTRICT-562138

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THE ADMINISTRATOR THE KHADI GRAMODYOG SANGH 5/B SARDAR PATEL MARG CIVIL LINES, ALLAHABAD UTTAR PRADESH-2110001.

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2 - NC: 2023:KHC:29423 RSA No. 1188 of 2017

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THE SECRETARY THE KHADI GRAMODYOG SANGH 5/B SARDAR PATEL MARG, CIVIL LINES, ALLAHABAD, UTTAR PRADESH-2110001.

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RAJU DUBEY S/O JAGAPATH DUBEY AGED ABOUT 52 YEARS, R/@32, 12TH CROSS 2ND MAIN, THYAGARAJANAGAR BENGALURU-560028.

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THE DIRECTOR KHADI AND VILLAGE INDUSTRIES COMMISSION STATE OFFICE NO.6, DR. DVG ROAD BASAVANAGUDI BENGALURU-4

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…RESPONDENTS

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(BY SRI K.M.ROHINI, ADVOCATE FOR R1)

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THIS R.S.A IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.03.2017 PASSED IN R.A.NO.7/2016 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.01.2016 PASSED IN O.S.NO.158/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA, RAMANAGAR DISTRICT.

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

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3 - NC: 2023:KHC:29423 RSA No. 1188 of 2017

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JUDGMENT

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The counsel for the appellant seeks permission of

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this Court to withdraw the appeal on the ground that a comprehensive suit is filed and the same is pending.

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The counsel for the respondent submits

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that no resolution is passed with regard to the sale deed is concerned and liberty may be given to urge all other grounds before the Trial Court in a comprehensive suit.

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In view of the submission of the learned

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counsel for the appellant and learned counsel for respondents, the appellant is permitted to withdraw the appeal in view of filing of comprehensive suit and parties are given liberty to raise all grounds before the Trial Court in comprehensive suit and grounds are kept open.

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RHS

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Sd/JUDGE

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List No.: 1 Sl No.: 47

Smt. S. Rajeshwari v. Rural Welfare and Development Association

Case brief

What is this about?

What did the court decide?

Smt. S. Rajeshwari v. Rural Welfare and Development Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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