The High Court at Bengaluru dismissed a regular second appeal filed for withdrawal by the appellant, who stated he had no further interest in pursuing the partition suit and wished to maintain family relationships.
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 JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 492 OF 2013 (PAR)
BETWEEN:
SRI KARIBASANNA S/O K H MENAKAPPA AGED ABOUT 42 YEARS BELENDUR HOSANAGARA TALUK SHIMOGA DISTRICT
…APPELLANT
(BY SRI. B S MURALI.,ADVOCATE)
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. S.V. PRAKASH.,ADVOCATE FOR R3, R4 & R5 NOTICE TO R1 SERVED BUT UNREPRESENTED; V/O DATED 9.1.2024 , R1, R3, R4 & R5 ARE TREATED AS LR’s OF DECEASED R2)
THIS RSA FILED U/S. 100 OF CPC, PRAYING TO CALL FOR THE ENTIRE LOWER COURT RECORDS AND SET-ASIDE THE IMPUGNED JUDGEMENT & DECREE DTD 15.12.2012 PASSED IN R.A.NO.51/2010 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC, SAGAR, DISMISSING THE APPEAL AND THE JUDGEMENT AND DECREE DTD 24.9.2010 PASSED IN OS.NO.76/2007 ON THE FILE OF CIVIL JUDGE & JMFC, HOSANAGARA AND ETC.
THIS RSA, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
15.12.2012, and the judgement and decree in O.S.No.76/2007 dated 24.09.2010, passed by the learned Civil Judge & JMFC, Hosanagara;
appellant as also counsel for the appellant which reads as under;
Memo for Withdrawal
The appellant respectfully submits as under;
The appellant having filed the above Appeal challenging the Judgment and Decree of the Court below awarding partition and separate possession to the defendants/plaintiffs, the same has been questioned upon various grounds.
Since the Appellant is not-interested in pursuing the above Appeal any further, in order to maintain the blood relationship with his sisters, he craves leave of this Hon’ble Court to permit him to withdraw the above appeal as not pressed, in the interest of justice and equity.
Hence this Memo.
NC: 2024:KHC:20576 RSA No. 492 of 2013
counsel for the appellant, the appeal is dismissed as
withdrawn.
Sd/JUDGE
SR List No.: 1 Sl No.: 20
Sri Karibasanna S/o K H Menakappa
Sri Vasantha W/o B C Mahesh
Sri B H Menakappa Gowda
Smt Veena W/o Nagabhushana
Smt Lalitha W/o Jagadeesh
Smt Parvathi W/o Basavaraja
Suraj Govindaraj
As recorded by the court registry
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