Smt. Chandrakala v. Vidya S
Case brief
What is this about?
MFA No. 8302 of 2025 (CPC); NC: 2025:KHC:51819; High Court of Karnataka, Bengaluru; Hanchate Sanjeevkumar, J.; decided 08.12.2025. Appellant Chandrakala W/o Anup Deshpande withdrew her Miscellaneous First Appeal (under Order XLIII Rule 1(r) CPC) against the order dt. 22.09.2025 in Misc.No. 5/2023, Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan, which had partly decreed the plaintiff's suit; respondents Vidya S and minor Vishwas (guardian mother Mamath). Appeal dismissed as withdrawn with liberty to refile before the appropriate forum; Section 14, Limitation Act 1963 time-exclusion granted; certified copies ordered returned. Keywords: withdrawal of appeal, memo, liberty to file afresh, Section 14 Limitation Act, MFA CPC Karnataka.
What did the court decide?
Appeal dismissed as withdrawn with liberty to file appeal before the appropriate forum; time spent prosecuting the appeal before this Court excluded for limitation under Section 14 of the Limitation Act, 1963; Registry directed to return all certified copies to the appellant/counsel.