Second appeal against dismissal of a partition suit; plaintiff filed a fresh comprehensive suit to cure defects of non-joinder and partial inclusion of joint family properties. The appeal was permitted to be withdrawn and was dismissed as not surviving.
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NC: 2024:KHC:38060 RSA No. 1497 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1497 OF 2019 (PAR)
BETWEEN:
SRI. C.G. RAJAPPA S/O LATE GANTI GOWDA AGED ABOUT 69 YEARS NAGASAMUDRA ROAD CHANNARAYAPATNA TOWN HASSAN DISTRICT-573 116
…APPELLANT
(BY SRI. K.V. NARASIMHAN, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court
of Karnataka
SMT. THIMMAMMA W/O SRI. GOWDAIAH AGED ABOUT 77 YEARS RENUKAMBA ROAD CHANNARAYAPATNA TOWN HASSAN DSITRICT-573 116
(BY SMT. B.N. MUTTULAXMI, ADVOCATE)
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 24.03.2015 PASSED IN RA NO.245/2015 (OLD RA NO.27/2014) ON THE FILE OF THE PRESIDING OFFICER, FTC AND ADDL.SESSIONS JUDGE, CHANNARAYAPATNA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.11.2013 PASSED IN OS NO.326/2012 ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC., CHANNARAYAPATNA.
NC: 2024:KHC:38060 RSA No. 1497 of 2019
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL JUDGMENT
Heard Sri K.V.Narasimhan, learned counsel
appearing for the appellant and Smt. B.N.Muttulaxmi, learned counsel appearing for the respondent.
NC: 2024:KHC:38060 RSA No. 1497 of 2019
accompanying the application in I.A.No.3/2021, I am of the view that, as the plaintiff sought to withdraw the present appeal as well as the suit before the Court below as the defects in the suit has been rectified by filing new suit in O.S.No.355/2015. In that view of the matter, I.A.No.3/2021 is allowed and the appellant is permitted to pursue the suit in O.S.No.355/2015, which is a comprehensive suit filed by the plaintiff, seeking relief of partition and separate possession in respect of the suit schedule properties. It is also made clear that, the said aspect was not opposed by the learned counsel for the respondents. In view of allowing application in I.A.No.3/2021, the Appeal does not survive for consideration. Accordingly, the Regular Second Appeal stands dismissed.
SD/(E.S.INDIRESH) JUDGE
PSJ
List No.: 1 Sl No.: 39
1 provisions across 1 enactments
Sri. C.G. Rajappa
Smt. Thimmamma
E.S. INDIRESH
As recorded by the court registry
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