Dismissed

Smt. Maridevi v. Smt.Lakshmi

Karnataka HC4 Sept 2024RSA/745/2024

Case brief

AI extract

What is this about?

The second appeal against a judgment and decree in a partition suit was firmly dismissed on grounds of non-maintainability. The High Court of Karnataka at Bangalore upheld the sustained objections, explicitly ruling out the appeal's validity based on prior decisions by a Division Bench.

What did the court decide?

The second appeal was dismissed as not maintainable. Liberty as prayed for by appellant was reserved.

Smt. Maridevi Vs Smt.Lakshmi — Partition | Karnataka HC (2024)

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NC: 2024:KHC:36088 RSA No. 745 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH

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REGULAR SECOND APPEAL NO. 745 OF 2024 (PAR)

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BETWEEN:

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SMT. MARIDEVI W/O. LATE DEVA, AGED ABOUT 83 YEARS, R/AT MULLUSOGE VILLAGE, GUMMANAKOLLI POST, SOMWARPETE TALUK, KODAGU DISTRICT, PIN-571 234.

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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SRI. H. SHIVA S/O. LATE DEVA, AGED ABOUT 70 YEARS, R/AT NO. 74/2, GONDIBASAVANAHLLI VILLAGE, MADAPATNA POST, KUSHAL NAGAR HOBLI, SOMWARPETE TALUK, PIN-571 234.

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…APPELLANTS

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(BY SMT. KAVITHA D.,ADVOCATE)

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AND:

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SMT.LAKSHMI D/O. LATE KARIYA, W/O. MALLIKARJUNA AGED ABOUT 51 YEARS

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SMT. PARVATHY W/O. LATE KRISHNA, AGED ABOUT 53 YEARS,

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2 - NC: 2024:KHC:36088 RSA No. 745 of 2024

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SMT. SHASHIKALA D/O. LATE KRISHNA, AGED ABOUT 33 YEARS,

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MISS. NANDINI D/O. LATE KRISHNA, AGED ABOUT 29 YEARS,

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MISS. ANUPAMA D/O. LATE KRISHNA, AGED ABOUT 27 YEARS,

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RESPONDENT NO.2 TO 5 ARE R/AT MULLUSOGE VILLAGE, GUMMANAKOLI POST, KUSHALNAGAR HOBLI, SOMWARPETE TALUK, PIN-571 234.

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SMT. GOWRAMMA D/O. LATE DEVA, AGED ABOUT 57 YEARS, R/AT GONDIBASAVANAHALLI VILLAGE, MADAPATNA POST, KUSHAL NAGAR HOBLI, SOMWARPETE TALUK, PIN-571 234.

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…RESPONDENTS

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.03.2024 PASSED IN RFA NO.77/2016 AND FILED AGAINST THE JUDGMENT AND DECREE DATED 17.12.2023 PASSED IN OS NO.86/2010 ON THE FILE OF SENIOR CIVIL JUDGE, MADIKERI., DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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NC: 2024:KHC:36088 RSA No. 745 of 2024

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

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ORAL JUDGMENT

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In this appeal, the appellants have challenged the Judgment and decree dated 28.03.2024 in R.F.A.

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No.77/2016 by the Division Bench of this Court.

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In that view of the matter, the office objections is sustained. Accepting the submission made by the learned counsel appearing for the appellants to file appropriate appeal, the present second appeal is not maintainable.

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Reserving liberty as prayed for by the

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appellants, the appeal is dismissed as not maintainable.

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SD/(E.S.INDIRESH) JUDGE

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AN/-

Smt. Maridevi v. Smt.Lakshmi

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Smt. Maridevi v. Smt.Lakshmi

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