Dismissed

Sri Doddananjappa v. the Sub Registrar

Karnataka HC23 Aug 2024RSA/1379/2014

Case brief

AI extract

What is this about?

Appellants in a second appeal against a decree in a declaratory/injunction suit sought leave to withdraw the appeal with liberty to file a partition suit for separate possession. The High Court permitted withdrawal and dismissed the appeal as withdrawn.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file a suit for partition and separate possession, if law permits.

Sri Doddananjappa Vs the Sub Registrar — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC:34287 RSA No. 1379 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 1379 OF 2014 (DEC/INJ)

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BETWEEN:

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SRI DODDANANJAPPA

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SINCE DEAD BY LRS.

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1(A) SMT.KEMPAMMA, SINCE DEAD BY HER LEGAL REPRESENTATIVES

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SRI.MUNIYAPPA S/O LATE DODDAMUNISWAMAPPA, SINCE DEAD BY HIS WIFE.

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Digitally signed by R DEEPA Location: High Court of Karnataka

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SMT. BYAMMA W/O LATE MUNIYAPPA, SINCE DEAD BY HER LEGAL REPRESENTATIVES.

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SRI RAMESH S/O LATE MUNIYAPPA, AGED ABOUT 44 YEARS,

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SRI MUNIRAJU S/O LATE MUNIYAPPA,

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SINCE DEAD BY HIS LEGAL REPRESENTATIVES

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5(A) LAKSHAMMA W/O LATE MUNIRAJU AGED ABOUT 40 YEARS

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5(B) YUVARAJU Y.M. S/O LATE MUNIRAJU, AGED ABOUT 21 YEARS

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2 - NC: 2024:KHC:34287 RSA No. 1379 of 2014

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5(C) TANUJA D/O LATE MUNIRAJU AGED ABOUT 20 YEARS

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MUNISWAMAPPA S/O LATE MUNIYAPPA, AGED ABOUT 38 YEARS,

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ALL ARE R/AT YELACHAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT - 562 122 1(A), 2, 3 AND 5 DEAD LEAVING BEHIND LEGAL REPRESENTATIVES 4,5(A) TO 5(C) AND 6 AS THE ONLY LEGAL HEIRS

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…APPELLANTS

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(BY SRI. DIWAKAR., ADVOCATE)

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AND:

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THE SUB REGISTRAR HOSKOTE TALUK, HOSKOTE, BANGALORE DISTRICT - 562 122 DELETED AS PER ORDER DATED 06.11.2014

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MR.TAJ PASHA S/O SHEIK HAYATH SAB, AGED ABOUT 46 YEARS

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SRI. SYRAJ PASHA S/O SHEIK HAYATH SAB, AGED ABOUT 38 YEARS

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RESPONDENTS 2 & 3 ARE R/AT YELACHAHALLI VILLAGE NANDAGUDI HOBLI, HOSAKOTE TALUK BENGALURU DISTRICT - 562 122

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…RESPONDENTS

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(BY SRI. C SHANKAR REDDY, ADVOCATE FOR R2 & R3 R1 IS DELETED VIDE COURT ORDER DATED 06.11.2014)

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3 - NC: 2024:KHC:34287 RSA No. 1379 of 2014

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THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 21.8.2014 PASSED IN R.A.NO.180/2013 ON THE FILE OF THE PRL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DTD 1.4.2013 PASSED IN OS.NO.450/2003 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE, BANGALORE (R) DISTRICT, BANGALORE.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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Learned counsel for the appellants filed a memo

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seeking leave of the Court to withdraw the appeal with

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liberty to file a suit for partition and separate possession.

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Memo is placed on record.

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Accordingly, the appeal is dismissed as withdrawn

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with the aforesaid liberty, if law permits.

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Sd/(ASHOK S.KINAGI) JUDGE

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Sri Doddananjappa v. the Sub Registrar

Case brief

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Sri Doddananjappa v. the Sub Registrar

Case brief

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