Appellants in a regular second appeal against a decree in a property suit sought withdrawal with liberty to pursue the matter before MUDA. The court permitted the withdrawal and dismissed the appeal with that liberty.
Appeal dismissed as withdrawn with liberty to pursue the matter before MUDA.
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 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1651 OF 2021
BETWEEN:
SMT DAKSHYANINI S WIFE OF M. SHIVASWAMY, AGED ABOUT 51 YEARS, RESIDING AT NO 6, 1ST MAIN, SUBBANNA GARDEN, VIJAYANAGAR, BANGALORE 560 040.
DEAD BY LRS,
Digitally signed by CHAITHRA P Location: High Court of Karnataka
RESIDING AT NO 6, MALTHAPITHRALAYA, 1ST MAIN ROAD, SUBBANNA GARDEN VIJAYANAGAR, BANGALORE 560 040
…APPELLANTS
(BY SRI. H. R. GIRIDHAR., ADVOCATE FOR; SRI. K. S. HARISH., ADVOCATE)
AND:
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.03.2020 PASSED IN RA.NO.462/2019 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.11.2018 PASSED IN OS.NO.64/2013 ON THE FILE OF THE PRINCIPAL I CIVIL JUDGE AND JMFC, MYSURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
After arguing the matter for some time, learned counsel for appellants seeks permission of the Court to withdraw the appeal with a liberty to pursue the matter before MUDA.
withdrawn with the aforesaid liberty.
Sd/(ASHOK S.KINAGI) JUDGE
LDC List No.: 1 Sl No.: 21
1 issue framed by the court
Should the appellants be permitted to withdraw the regular second appeal to pursue the matter before MUDA?
1 provisions across 1 enactments
Smt Dakshyanini S (dead by LRS: M. Shivaswamy, Savitha S, Vinutha Shivaswamy)
T. D. Govindaraju
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
