Regular first appeal against partition suit disposed of without detailed analysis on the ground that underlying FDP proceedings were closed due to execution of a relinquishment deed, rendering the appeal non-survivable.
The regular first appeal is disposed of without any order as to costs.
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 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO. 1857 OF 2012 (PAR)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
APPELLOANTS NO.2 TO 4 ARE R/AT AVAREGERE VILLAGE, BIDADI HOBLI, RAMANAGARAM TALUK AND DISTRICT-573 171.
…APPELLANTS
(BY SRI. PRAKASH M.H., ADVOCATE)
AND:
NC: 2024:KHC:46663 RFA No. 1857 of 2012
RAMANAGARAM TALUK AND DISTRICT-573171.
…RESPONDENTS
(BY SRI. K.L.SREENIVAS, ADVOCATE FOR R2 TO R4; VIDE ORDER DATED 04.01.2023,
COURT NOTICE ISSUED TO R1 AND SERVICE IS ACCEPTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.07.2012 PASSED IN O.S.321/2008 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Learned counsel for the appellants has filed a memo stating that already FDP proceedings has been closed and in the FDP, petitioner has stated that she has executed a relinquishment deed dated 07.01.2022 and she is not willing to proceed with the matter and even respondent Nos.1 to 7 are also not interested to proceed with the matter and Trial Court taking note of the relinquishment deed executed, closed the FDP proceedings.
Sd/(H.P.SANDESH) JUDGE
ST
List No.: 1 Sl No.: 20
1 provisions across 1 enactments
Rudresh S/o Puttappa
Krishna S/o Puttappa
Devaraju S/o Puttappa
Ashok S/o Puttappa
Smt. Chikkahombamma W/o Ramiah
Puttappa S/o Late Hanumantiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
