The High Court dismissed a regular second appeal filed under Section 100 CPC as withdrawn by the appellant, with liberty to file fresh preliminary decree proceedings in the trial court. Pending instant appeals were disposed of accordingly.
Appeal dismissed as withdrawn with liberty to file FDP proceedings in respect of preliminary decree in O.S.No.151/1973.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1981 OF 2015 (DEC/INJ)
BETWEEN:
SRI. RANGARAMANNA S/O LATE RANGEGOWDA, AGED ABOUT 75 YEARS, R/O HONNENAHALLI, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.
…APPELLANT
(BY SRI. M B CHANDRA CHOODA, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
1(A) SMT. MANGALAMMA W/O CHANNAVEERAIAH AGED ABOUT 60 YEARS R/O KANNASANDRA POST: GUDEMARANAHALLI HAND POST SOLUR HOBLI, MAGADI TQ. RAMANAGARA DISTRICT.
NC: 2023:KHC:43543 RSA No. 1981 of 2015
MYSORE ROAD, BENGALURU-560026.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.03.2011 PASSED IN RA.NO.14/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AT KUNIGAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2009 PASSED IN OS.NO.40/2000 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DVN) AT KUNIGAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
After hearing for some time, learned counsel for the appellant filed a memo seeking leave of the Court to withdraw the appeal with liberty to file FDP proceedings in
respect of the preliminary decree passed in
O.S.No.151/1973.
withdrawn, with the aforesaid liberty.
if any, do not survive for consideration in this appeal and are accordingly disposed of.
records, forthwith.
SD/JUDGE
RD
1 issue framed by the court
Whether the second appeal under Section 100 CPC can be allowed when the appellant seeks leave to withdraw the appeal.
1 provisions across 1 enactments
SRI. RANGARAMANNA S/O LATE RANGEGOWDA
SRI SHIVAMMA W/O LATE SHIVANNA
SMT. MANGALAMMA W/O CHANNAVEERAIAH
SRI. H S MALLESHAIAH S/O LATE SHIVANNA
SRI. CHANDRASHEKARAIAH S/O LATE SHIVANNA
SRI H S KUMAR S/O LATE SHIVANNA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
