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Sri Raju K S Vs Sri Shakaregowda — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Sri Raju K S Vs Sri ShakaregowdaSri Raju K S v. Sri Shakaregowda

Dismissed¶¶20

Sri Raju K S v. Sri Shakaregowda

Karnataka HC20 Mar 2025MSA/17/2025

Case brief

AI extract

What is this about?

Raju K.S v. Shankaregowda | High Court of Karnataka at Bengaluru | MSA No. 17 of 2025 (RO) | Section 43 Rule (1)(u) CPC | withdrawal of miscellaneous second appeal | dismissed as withdrawn | pending IAs closed | RA No.20/2023 Senior Civil Judge Periyapatna | OS. No.340/2011 Additional Civil Judge and JMFC Periyapatna | Justice Lalitha Kanneganti | 20.03.2025

What did the court decide?

None; the appeal was dismissed as withdrawn and pending IAs were ordered closed. ¶¶20

Why is it important?

The appeal is dismissed as withdrawn, the memo seeking permission to withdraw having been taken on record. ¶¶20

What the court decided

AI extract

Outcome

None; the appeal was dismissed as withdrawn and pending IAs were ordered closed.

Issue for consideration

Whether permission should be granted to withdraw the Miscellaneous Second Appeal pursuant to the memo filed.

Court's answer

The appeal is dismissed as withdrawn, the memo seeking permission to withdraw having been taken on record.

Ratio / Principle

Pending interlocutory applications (IAs) in the appeal shall stand closed.

Detailed headnote1 paragraphs

Miscellaneous Second Appeal No. 17 of 2025 (RO) under Section 43 Rule (1)(u) CPC, High Court of Karnataka at Bengaluru; oral judgment delivered on 20.03.2025 by Hon'ble Smt. Justice Lalitha Kanneganti. Appellant Sri. Raju K.S (counsel: Sri. Sunil S. Narayana) challenged the judgment and decree dated 7.12.2024 passed by the Senior Civil Judge, Periyapatna in RA No.20/2023, whereby the first appellate court had allowed the appeal and set aside the judgment and decree dated 28.07.2023 in OS. No.340/2011 on the file of the Additional Civil Judge and JMFC, Periyapatna. Respondent: Sri. Shankaregowda. On the appeal coming on for admission, a memo seeking permission to withdraw the appeal was filed and taken on record; the Court dismissed the appeal as withdrawn and directed that pending IAs in the appeal shall stand closed.

A

1 -

NC: 2025:KHC:11823 MSA No. 17 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 17 OF 2025 (RO)

BETWEEN:

SRI. RAJU K.S, S/O LATE SIDDAIAH, AGED ABOUT 42 YEARS, R/AT KAMPLAPURA VILLAGE, RAVANDURU HOBLI, PERIYAPATNA TALUK - 571 108, MYSORE DISTRICT.

…APPELLANT

(BY SRI. SUNIL S. NARAYAN, ADVOCATE) AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

SRI. SHANKAREGOWDA, S/O LATE BASAVEGOWDA, AGED ABOUT 63 YEARS, R/AT HARLIPURA VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK - 571 107, MANDYA DISTRICT.

…RESPONDENT THIS MSA IS FILED UNDER SECTION 43 RULE (1)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 7.12.2024 PASSED IN RA No.20/2023 ON THE FILE OF SENIOR CIVIL JUDGE, PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.07.2023 PASSED IN OS. No.340/2011 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, PERIYAPATNA.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

2 -

NC: 2025:KHC:11823 MSA No. 17 of 2025

ORAL JUDGMENT

A memo is filed seeking permission to withdraw the Writ

appeal. Memo is taken on record.

Accordingly, the appeal is dismissed as

withdrawn .

Pending IAs., in this appeal shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

KA List No.: 2 Sl No.: 23 CT: BHK

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether permission should be granted to withdraw the Miscellaneous Second Appeal pursuant to the memo filed.medium confidence¶¶18
The court held
The appeal is dismissed as withdrawn, the memo seeking permission to withdraw having been taken on record.ratio¶¶20

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure (CPC)43 Rule (1)(u)¶¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 7.12.2024 in RA No.20/2023 allowing the first appeal and setting aside the judgment and decree dated 28.07.2023 in OS. No.340/2011.¶¶12
Senior Civil Judge, Periyapatna · 7.12.2024
Prior proceeding
Original suit OS. No.340/2011 on the file of the Additional Civil Judge and JMFC, Periyapatna concluded in a judgment and decree dated 28.07.2023.¶¶12
Prior proceeding
First appeal RA No.20/2023 before the Senior Civil Judge, Periyapatna was allowed by judgment and decree dated 7.12.2024, setting aside the trial court decree.¶¶12

Parties & counsel

AI extract

appellant
SRI. RAJU K.S, S/O LATE SIDDAIAH¶¶7
SRI. SUNIL S. NARAYAN
respondent
SRI. SHANKAREGOWDA, S/O LATE BASAVEGOWDA¶¶11

Coram

AI extract

Hon'ble Smt. Justice Lalitha Kannegantiauthor¶¶14

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 20 Mar 2025 · March
Registered: 24 Jan 2025
Case no.: MSA/17/2025
CNR: KAHC010049812025
Bench: Lalitha Kanneganti
Disposal: DISMISSED
Case type: Miscellaneous Second Appeal (MSA) (RO)

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Cite this judgement

Sri Raju K S v. Sri Shakaregowda, MSA/17/2025 (KA), decided on 20 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure (CPC)43 Rule (1)(u)

View all statutes

Procedural history3

Judgment and decree dated 7.12.2024 in RA No.20/2023 allowing the first appeal and setting aside the judgment and decree dated 28.07.2023 in OS. No.340/2011.Senior Civil Judge, Periyapatna · 7.12.2024
Original suit OS. No.340/2011 on the file of the Additional Civil Judge and JMFC, Periyapatna concluded in a judgment and decree dated 28.07.2023.
First appeal RA No.20/2023 before the Senior Civil Judge, Periyapatna was allowed by judgment and decree dated 7.12.2024, setting aside the trial court decree.

View full history

Bench / Coram

Hon'ble Smt. Justice Lalitha Kanneganti

Parties & counsel