Appellant sought leave to withdraw the suit in O.S.No.103/2002 with liberty to file a fresh comprehensive suit for declaration. The High Court took the application and memo on record and dismissed the second appeal as withdrawn with that liberty.
Liberty granted to withdraw O.S.No.103/2002 and file a fresh comprehensive suit for declaration.
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 26TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1319 OF 2013 (INJ)
BETWEEN:
SRI B S MANJUNATH, S/O SHIVALINGAIAH, AGED ABOUT 47 YEARS, R/AT BIDARAKERE VILLAGE, MIDIGESHI HOBLI, MADHUIRI TALUK, TUMKUR DISTRICT.
…APPELLANT
(BY SRI. VENKAT SUBBARAO G S., ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
…RESPONDENTS
(R2- SERVED; V/O DATED 16.01.2020 APPEAL AGAINST R1 IS ABATED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 28.2.2013 PASSED IN R.A.NO.189/2006 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & JMFC., MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 6.11.2006 PASSED IN O.S.NO.103/2002 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., MADHUGIRI.
NC: 2024:KHC:40145 RSA No. 1319 of 2013
THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
Learned counsel for the appellant has filed I.A.No.1/2024 and a Memo dated 26.09.2024 seeking leave of this Court to withdraw the suit in O.S.No.103/2002 on the file of the Civil Judge (Jr.Dn.) & JMFC., Madhugiri, with liberty to file a fresh comprehensive suit for declaration.
liberty.
Sd/(ASHOK S.KINAGI) JUDGE
Psg*
List No.: 1 Sl No.: 46
1 provisions across 1 enactments
Sri B S Manjunath
Sri Byranna
Smt. Lingamma
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
