Appeal against a partial partition decree was withdrawn after the office objected to its maintainability, the appellant's share being under Rs.10 lakhs; the court permitted withdrawal and directed return of the appeal memo.
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NC: 2024:KHC:44412 RFA No. 2377 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 2377 OF 2024 (PAR)
BETWEEN:
LALITHA NAYAK W/O DEVANNA NAYAK AGED ABOUT 69 YEARS, MAMBETTU HOUSE, BOMMARABETTU VILLAGE, HIRIYADKA, UDUPI TALUK AND DISTRICT-576 113 REPRESENTED BY THE GPA HOLDER SMT. KALAVATHI
…APPELLANT
(BY SRI. NARAYANA BHAT M., ADVOCATE)
AND:
W/O LATE SATHISH NAYAK
Digitally signed by NANDINI D Location: High Court of Karnataka
HOUSE NO. 1-60, ALEVOOR KODI, ALEVOOR VILLAGE AND POST, UDUPI TALUK AND DISTRICT-574 118
"THE HEAD, QUESS DELIVERING GROWTH, NO. 22, NEAR CLINICAL EMBRYOLOGY, MAHE CAMPUS MADHAVANAGAR, MANIPAL, UDUPI DISTRICT-576 104
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 24.04.2024 PASSED IN OS No.10/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, PARTLY DECREEING THE SUIT FOR PARTITION.
NC: 2024:KHC:44412 RFA No. 2377 of 2024
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Office has raised an objection regarding maintainability of
the appeal. Learned counsel submits that the value of the share of the plaintiff comes below Rs.10.00 lakhs.
appeal and file the same before the appropriate forum.
copies to file the same before the District Court.
Sd/-
(K.NATARAJAN) JUDGE
CHS List No.: 1 Sl No.: 15
1 provisions across 1 enactments
Lalitha Nayak W/o Devanna Nayak
Mamatha
General Manager, The Head Quess Delivering Growth
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
