Second appeal over suit schedule property bequeathed under a registered Will. The appellant filed a memo seeking withdrawal with liberty to file a fresh suit; the appeal was dismissed as withdrawn with that liberty.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 733 OF 2013 (PAR)
BETWEEN:
SRI KALEGOWDA S/O KALEGOWDA, AGED ABOUT 46 YEARS, R/O KEMPANAKOPPALU, KANTENAHALLI DHAKLE & POST, KASBA HOBLI,K R NAGAR TALUK, MYSORE DISTRICT PIN 571602.
…APPELLANT
(BY SRI. GURUPRASAD B.R., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
SRI SANNAMOGEGOWDA S/O LATE CHIKKEGOWDA, AGED ABOUT 45 YEARS, R/O KEMPANAKOPPALU, KANTENAHALLI DHAKLE & POST, KASBA HOBLI,K R NAGAR TALUK, MYSORE DISTRICT PIN 571602.
…RESPONDENT
(BY SRI. LINGARAJU K.R., ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE JUDGEMENT & DECREE DATED
14.3.2013 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE & JMFC, KRISHNARAJANAGAR, IN R.A.NO.14/2012, CONFIRMING THE JUDGEMENT AND DECREE DATED 12.4.2012 BY THE COURT OF CIVIL JUDGE & JMFC, KRISHNARAJANAGAR, IN O.S.NO.242/2009 AND CONSEQUENTLY DISMISS THE SUIT IN O.S.NO.242/2009 WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL/JUDGMENT
Learned counsel for the appellant has filed a memo,
seeking leave of the Court to withdraw the appeal with liberty to file a fresh suit to agitate his right in respect of the suit schedule property which was bequeathed to him by his foster mother Malmma, the defendant No.1, under a registered Will dated 24.05.2012.
dismissed as withdrawn with the aforesaid liberty.
Sd/- (ASHOK S.KINAGI) JUDGE
BMV*/List No.: 2 Sl No.: 4
1 issue framed by the court
Should the appellant be permitted to withdraw the regular second appeal to file a fresh suit over property bequeathed by a registered Will?
1 provisions across 1 enactments
Sri Kalegowda
Sri Sannamogegowda
Ashok S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
