Appellants in a regular second appeal sought leave to withdraw the appeal and file a partition suit. The High Court granted leave to withdraw the appeal with liberty to file a for partition and separate possession for partition suit for partition and separate possession.
Leave to withdraw the appeal and file a suit for partition and separate possession granted.
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NC: 2023:KHC:41666 RSA No. 1284 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1284 OF 2007 (DEC/INJ)
BETWEEN:
Digitally signed by R DEEPA Location: High Court of Karnataka
BOTH ARE R/AT KOTRAGULI VILLAGE RONUR HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT.
…APPELLANTS
(BY SRI. R.S. RAVI, SR. COUNSEL FOR SRI. N MURALI, ADVOCATE)
AND:
ALL ARE RESIDENTS OF KOTRAGULI VILLAGE PONUR HOBLI SRINIVASAPURA TQ KOLAR DIST.
…RESPONDENTS
(BY SRI. R. GANESH KUMAR, ADVOCATE FOR SRI. T KODANDARAMA FOR R1-R4, ADVOCATE)
THIS RSA FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 10.04.2007 PASSED IN RA.NO.138/2004 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-III, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 10.08.2004 PASSED IN OS.NO.101/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC., SRINIVASPUR, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
After arguing for sometime, learned Senior counsel
for the appellants seeks leave of the Court to withdraw the
appeal with a liberty to file a suit for partition and separate possession.
Accordingly, the appeal is dismissed as withdrawn
with the aforesaid liberty, if law permits.
In case if the appellants files a suit for partition and separate possession, all the contentions of the parties are kept open.
In view of dismissal of the appeal, I.A.No.1/2023 does not survive for consideration and accordingly,
disposed of.
Sd/JUDGE
SSB
VENKATESHAPPA SINCE DEAD BY HIS LEGAL REPRESENTATIVES
LAKSHMAMMA
SAROJAMMA
VENKATAMMA
MUNIREDDY
VENKATA RAMAREDDY
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
