The appellant sought permission to withdraw a Regular Second Appeal. The Court permitted the withdrawal with liberty to file a Miscellaneous Second Appeal, allowing exclusion of time under Section 14 of the Limitation Act.
Appeal dismissed as withdrawn with liberty to file a Miscellaneous Second Appeal.
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 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1282 OF 2024
BETWEEN:
SRI HERE AMMANAVARA BASADI CONSISTING OF SRI SHANTHINATHA THEERTHANKARA SWAMY AND SRI PADAVAMAVATHI DEVI REPRESENTED BY ADMINISTRATOR SRI BHASKAR S KATTEMAR AGED ABOUT 84 YEARS ADVOCATE AND AGRICULTURIST BY OCCUPATION R/AT KATTEMAR, KELENJAR VILLAGE POST KUPPE PADAVU MANGALURU TALUK DAKSHINA KANNADA DISTRICT-574162.
…APPELLANT
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
(BY SRI. K. SHASHIKANTH PRASAD., ADVOCATE)
AND:
RESPONDENTS NO.1 AND 2 ARE R/AT "SANGEETHA" NEAR SHRI HERE AMMAVANAVARA BASADI BETKERI MOODABIDRI - 574227.
AGED ABOUT 50 YEARS R/T 3RD FLOOR SAPHIRE APARTMENTS NEAR MORE DEPARTMENTAL STORE BEJAI CHRUCH ROAD MANGALURU - 575004.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 25.04.2024 PASSED IN RA NO.100/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI, DAKSHINA KANNADA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 21.11.2020 PASSED IN OS NO.88/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Section 14 of the Limitation Act.
SD/(E.S.INDIRESH) JUDGE
sac
List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the appeal may be withdrawn with liberty to file a Miscellaneous Second Appeal?
2 provisions across 2 enactments
Sri Here Ammanavara Basadi Consisting of Sri Shanthinatha Theertankara Swamy and Sri Padavamavathi Devi Represented by Administrator Sri Bhaskar K Kattemar
Sri I. Narendra Ballal
Smt. Sulochana
Smt. Anupama Bharath
Smt. Nirupama Ajay
Sri I. Jithendra Ballal
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
