Dismissed

Sri. B. Gururaj v. Smt. Yashodamma

Karnataka HC7 Jul 2023WP/2230/2023

Case brief

AI extract

What is this about?

Petitioner sought leave to withdraw a writ petition with liberty to file a regular appeal. The High Court in Karnataka allowed the withdrawal and granted liberty for the petitioner to prefer an appeal within six weeks to avail the benefit of the Limitation Act.

What did the court decide?

Petition dismissed as withdrawn; petitioner granted liberty to file a Regular Appeal within six weeks.

Sri. B. Gururaj Vs Smt. Yashodamma — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:23535 WP No. 2230 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 2230 OF 2023 (GM-CPC)

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BETWEEN:

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SRI. B. GURURAJ S/O LATE BHAIRAPPA AGED ABOUT 33 YEARS, AGRICULTURIST CUM DOCTOR, RESIDING AT KOKKANURU VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT-577 530.

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…PETITIONER

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(BY SRI. MARUTHI G B, ADVOCATE) AND:

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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SMT. YASHODAMMA W/O HOSAMANE BAKKESHAPPA AGED ABOUT 70 YEARS, AGRICULTURIST, R/O NO.919, AJJAMPURA SHETTAR COMPOUND K B EXTENSION, DAVANGERE-577 001.

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B BHAIRAPPA

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SINCE DEAD BY HIS LRS

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SMT KUSUMAVATHI W/O LATE BHAIRAPPA DEAD BY HER LRS

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RAVINDRA KUMAR B S/O LATE BHAIRAPPA, AGED ABOUT 47 YEARS, LECTURER IN MARIKAMBA HIGH SCHOOL, R/O NEAR TSS HOSPITAL ADARSHA NAGAR SIRSI-581 482.

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2 - NC: 2023:KHC:23535 WP No. 2230 of 2023

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SMT LATHA W/O SHIVAYOGAPPA AGED ABOUT 51 YEARS, HOUSE FROM LIC AGENT R/O 3RD MAIN, 11TH CROSS, VINOBANAGAR DAVANAGERE-577 001.

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SMT. RUDRAMMA W/O SHIVASHANKAR, AGED ABOUT 41 YEARS, HOUSE WIFE, R/O OPP, RAILWAY STATION, AJJAMPURA-577 547.

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MAMATHA D/O LATE BHIRAPPA AGED ABOUT 41 YEARS, HOUSEHOLD WORKER R/O KOKKANUR VILLAGE, HARIHARA TALUK-577 530.

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SMT SAVITHA W/O H VEERESH AGED ABOUT 40 YEARS, R/O KOKKANUR VILLAGE, HARIHARA TALUK DAVANAGERE DISTRICT-577 001.

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RAJASHEKHARAPPA S/O GURUBASAPPA AGED ABOUT 69 YEARS, RETIRED PRINCIPAL R/O 2ND CROSS, J C R EXTENSION CHITRADURGA-515 281. …RESPONDENTS (BY SRI. M R HIREMATHAD, ADVOCATE FOR R-1; R-2, R-4 TO R-7 ARE SERVED AND UNREPRESENTED V/O DATED 07.07.2023, NOTICE TO R-3 IS D/W)

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3 - NC: 2023:KHC:23535 WP No. 2230 of 2023

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 2/12/2022 PASSED BY THE HON'BLE IN THE COURT OF II ADDL CIVIL JUDGE AND JMFC AT HARIHARAIN FDP NO. 08/2020 ON I.A.NO.1 MARKED AT ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioner seeks permission

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to withdraw the present petition reserving liberty in favour of the petitioner to prefer a Regular Appeal (RA) before the jurisdictional appellate Court against the impugned order.

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2. The submission is placed on record.

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3. The petition stands dismissed as withdrawn

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reserving liberty in favour of the petitioner to prefer a Regular Appeal (RA) as stated supra . If such an appeal is filed by the petitioner within a period of six [6] weeks from today, he would be entitled for the benefit of Section 14 of

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NC: 2023:KHC:23535 WP No. 2230 of 2023

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the Limitation Act, 1963. Registry is directed to return all

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the papers to the petitioner, forthwith.

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Sd/JUDGE

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Sri. B. Gururaj v. Smt. Yashodamma

Case brief

What is this about?

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Sri. B. Gururaj v. Smt. Yashodamma

Case brief

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