Appellant in a regular first appeal against dismissal of a suit for partition and declaration filed a memo seeking withdrawal of the appeal. The High Court placed the memo on record and dismissed the appeal as withdrawn.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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1523 OF 2019 (DEC/PAR)
BETWEEN:
J. PREM KUMAR S/O LATE KRISHNAPPA JAYARAJ, PRESENTLY AGED ABOUT 68 YEARS, RESIDING AT NO.362, 4TH CROSS, AUSTIN TOWN, BENGALURU-560 047
…APPELLANT
(BY SRI. SRINIVASAN K.R., ADVOCATE)
AND:
Digitally signed by MAMATHA R Location: High Court of Karnataka
SRI. J JAYASHEELAN S/O LATE KRISHNAPPA JAYARAJ AGED ABOUT 74 YEARS, SINCE DECEASED BY LRS
ALL THE D-2 TO D-4 ARE RESIDING AT NO.96, NANDAVANA COLONY, 10TH MAIN, 4TH 'A' CROSS, HORAMAVU, BANASWADI MAIN ROAD, BENGALURU-43
…RESPONDENTS
(BY SRI. M.D. RAGHUNATH, ADVOCATE FOR R-5; R-6, R-7, R-8 ARE SERVED, BUT UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI, RULE 1 OF CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 15.04.2019 PASSED IN O.S.NO.27080/2011 ON THE FILE OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT BENGALURU, DISMISSING THE SUIT FOR PARTITION AND DECLARATION; CONSEQUENTLY TO ALLOW THE SUIT FILED BY THE APPELLANT IN O.S.NO.27080/2011 ON THE FILE OF THE
LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH58), BENGALURU CITY, ETC.
THIS RFA, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
Learned counsel for the appellant has filed a memo for withdrawing this appeal.
dismissed as withdrawn.
Sd/-
(K.NATARAJAN) JUDGE
BMV* List No.: 1 Sl No.: 6
1 provisions across 1 enactments
J. PREM KUMAR
SMT. J. VIMALA KANTHI
SRI. J JAYASHEELAN (BY LRS)
SMT. ELEENA
SMT. GLADESS
SRI. PRAVEEN
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
