The appellant, SRI RANGAPPA, filed a regular first appeal against a judgment and decree. Counsel submitted a memo for withdrawal citing jurisdictional issues under the Karnataka Civil Courts Act. The High Court dismissed the appeal as withdrawn in an oral judgment.
The appeal is dismissed as withdrawn.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.
NC: 2024:KHC:36915 RFA No. 2087 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO.2087 OF 2024 (DEC/INJ)
BETWEEN:
SRI RANGAPPA S/O LATE THIMMANNA, AGED ABOUT 85 YEARS, AGRICULTURIST, R/O GADIHALLI VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK, CHIKMAGALURU DISTRICT - 577547.
…APPELLANT
(BY SRI H MALATESH, ADVOCATE)
AND:
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
AGED ABOUT 42 YEARS, AGRICULTURIST
DEFENDANTS 10 TO 13 ARE R/O SHIVANI VILLAGE, SHIVANI HOBLI, AJJAMPURA TALUK – 577547
DEFENDANTS No.3 TO 9 AND DEFENDANTS No.14 TO 16 ARE THE R/O GADIHALLI VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK - 577547
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2024 PASSED IN OS.NO.111/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
The learned counsel appearing for the appellant filed a memo for withdrawal. The memo reads as under:
“The undersigned Advocate for the appellants respectfully submits that, as per section 19(1) of the Karnataka Civil Courts Act, the appeal has to be filed before the District Court, hence, the above said appeal kindly be permitted to withdraw in the interest of justice.”
dismissed as withdrawn.
Sd/(V SRISHANANDA) JUDGE
SN
1 issue framed by the court
Whether the appeal filed under section 96 of CPC should be permitted to be withdrawn on grounds of jurisdiction.
2 provisions across 2 enactments
SRI RANGAPPA S/O LATE THIMMANNA
LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER TARIKERE TALUK, CHIKMAGALURU
SMT CHANDRAMMA W/O THIMMANNA
SMT. DEVIRAMMA S/O RANGAPPA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
