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S Ramaprasad Vs Smt. Nagarathna S — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
S Ramaprasad Vs Smt. Nagarathna SS Ramaprasad v. Smt. Nagarathna S

Dismissed¶37-38

S Ramaprasad v. Smt. Nagarathna S

Karnataka HC16 Sept 2025RFA/1340/2016

Case brief

AI extract

What is this about?

Karnataka High Court 2025; RFA No. 1340 of 2016 (PAR); Section 96 CPC; withdrawal of appeal; memo of withdrawal dated 10.09.2025; appeal dismissed as withdrawn; O.S. No. 356/2011, III Addl. Senior Civil Judge and CJM, Mysore; suit for declaration, partition and separate possession partly decreed on 16.03.2016; appellants S. Ramaprasad, Girijamba Ganesh, S. Swarnalatha, S. Lalithamba through GPA holder G.N Ramachandra; respondents Nagarathna S and Dr. A. Laxman Shetty (R2 served and unrepresented); bench Jayant Banerji and Umesh M Adiga, JJ.; judgment per Jayant Banerji, J. The decision records only the allowance of the withdrawal memo — no point of law or fact on the merits was adjudicated, so it carries no ratio usable as precedent.

What did the court decide?

Withdrawal of the appeal permitted on the appellants' memo dated 10.09.2025; appeal dismissed as withdrawn. No relief adjudicated on merits.

Why is it important?

The memo of withdrawal dated 10.09.2025, filed on the ground that the appellants are satisfied with the judgment and decree of the trial Court in Original Suit No. 356/2011, is allowed and the Regular First Appeal is dismissed as withdrawn. ¶37-38

What the court decided

AI extract

Outcome

Withdrawal of the appeal permitted on the appellants' memo dated 10.09.2025; appeal dismissed as withdrawn. No relief adjudicated on merits.

Ratio / Principle

The memo of withdrawal dated 10.09.2025, filed on the ground that the appellants are satisfied with the judgment and decree of the trial Court in Original Suit No. 356/2011, is allowed and the Regular First Appeal is dismissed as withdrawn.

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Division Bench: Jayant Banerji, J. — author; Umesh M Adiga, J.), RFA No. 1340 of 2016 (PAR), decided 16.09.2025. Regular First Appeal under Section 96 CPC against the judgment and decree dated 16.03.2016 of the III Addl. Senior Civil Judge and CJM, Mysore in O.S. No. 356/2011, whereby the suit for declaration, partition and separate possession was partly decreed. Before orders, the appellants (Nos. 1 to 4, represented by their General Power of Attorney holder Sri. G.N Ramachandra) filed a memo of withdrawal dated 10.09.2025 stating that they were satisfied with the trial Court's judgment and decree. The memo was allowed and the appeal was dismissed as withdrawn. No issue on the merits was framed or decided; no quantum or costs recorded.

A

1 -

NC: 2025:KHC:36727-DB RFA No. 1340 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 1340 OF 2016 (PAR)

BETWEEN:

S. RAMAPRASAD AGED ABOUT: 59 YEARS S/O LATE G.P. SUBBARAYA, R/AT: NO.17626, JEFFERSON STREET, NEBRASKA STATE, 68135 OMAHA,USA.

NOW CAMP AT:

NO.19,KALIDASA ROAD, V.V MOHALLA, MYSORE-570 002.

SMT GIRIJAMBA GANESH AGED ABOUT: 69 YEARS W/O GANESH H.S. R/AT:NO.1/A,2^ND "A" CROSS, E & F BLOCK, RAMAKRISHNANAGAR, MYSORE - 570 012.

Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

SMT. S. SWARNALATHA AGED ABOUT: 66 YEARS W/O LATE RANGASWAMY, R/AT: NO.231, 'VINYASA', 9^TH CROSS ROAD, 4^TH MAIN ROAD, VIJAYANAGAR 1^ST STAGE, MSYORE - 570 005.

SMT. S. LALITHAMBA AGED ABOUT: 62 YEARS,

2 - NC: 2025:KHC:36727-DB RFA No. 1340 of 2016

HC-KAR

W/O LATE RANGASWAMY, R/AT: NO.30,BINNY LAYOUT VIJANAGAR CLUB ROAD, VIJAYANAGAR 2^ND STAGE 1^ST MAIN ROAD,RPC LAYOUT, BANGALORE-560 040. APPELLANTS NO.1 TO 4 RE REP. BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI. G.N RAMACHANDRA S/O. G.N NAGAPPA, AGED ABOUT 68 YEARS R/O 1197,NEW NO.211, UPSTAIRS, BALAKRISHNA RAO ROAD, CHAMARAJAPURAM, MYSORE-09

…APPELLANTS

(BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE FOR SRI.G. BALAKRISHNA SHASTRY.,ADVOCATE)

AND:

SMT. NAGARATHNA S AGED ABOUT 56 YEARS, W/O RENUKA MURTHY L, R/AT:NO.19, KALIDASA ROAD, V V MOHALLA, MYSORE-570 002.

DR. A. LAXMAN SHETTY AGED ABOUT: 50 YEARS S/O SHIVARAMA SHETTY, R/AT:NO.78, 'WHITE HOUSE' VIJAYANAGAR 1^ST STAGE, MYSORE - 570 005.

…RESPONDENTS

(BY SRI. MADHUKUMAR DESHPANDE, ADVOCATE FOR R1, R2 IS SERVED AND UNREPRESENTED)

THIS RFA IS FILED UNDER SEC.96 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED: 16.03.2016 PASSED IN

3 - NC: 2025:KHC:36727-DB RFA No. 1340 of 2016

HC-KAR

OS.NO.356/2011 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, AND CJM, MYSORE, PARTLY DECREEING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

The memo of withdrawal of 10.09.2025 is on record

seeking withdrawal of the appeal, on the ground that the appellants are satisfied with the judgment and decree given by the trial Court in Original Suit No.356/2011.

The memo is allowed and the appeal is dismissed as

withdrawn.

Sd/(JAYANT BANERJI) JUDGE

Sd/(UMESH M ADIGA) JUDGE

AG:List No.: 1 Sl No.: 6

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 96¶27

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 16.03.2016 in O.S. No. 356/2011, partly decreeing the suit for declaration, partition and separate possession¶27
III Addl. Senior Civil Judge, and CJM, Mysore · 16.03.2016
Prior proceeding
Suit O.S. No. 356/2011 for declaration, partition and separate possession before the III Addl. Senior Civil Judge and CJM, Mysore, partly decreed by judgment and decree dated 16.03.2016; Regular First Appeal filed thereagainst under Section 96 CPC by appellants Nos. 1 to 4 acting through their General Power of Attorney holder Sri. G.N Ramachandra¶30

Parties & counsel

AI extract

appellant
S. RAMAPRASAD¶10
Prithviraj Shastry G., G. Balakrishna Shastry
appellant
SMT GIRIJAMBA GANESH¶13
appellant
SMT. S. SWARNALATHA¶15
appellant
SMT. S. LALITHAMBA¶16
respondent
SMT. NAGARATHNA S¶23
Madhukumar Deshpande
respondent
DR. A. LAXMAN SHETTY¶24

Coram

AI extract

Jayant Banerjiauthor¶34
Umesh M Adigamember¶32

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 16 Sept 2025 · September
Registered: 11 Aug 2016
Case no.: RFA/1340/2016
CNR: KAHC010379642016
Bench: Jayant Banerji Umesh M Adiga
Disposal: DISMISSED
Case type: Regular First Appeal (PAR)

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Cite this judgement

S Ramaprasad v. Smt. Nagarathna S, RFA/1340/2016 (KA), decided on 16 September 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 ProcedureSection 96

View all statutes

Procedural history2

Judgment and decree dated 16.03.2016 in O.S. No. 356/2011, partly decreeing the suit for declaration, partition and separate possessionIII Addl. Senior Civil Judge, and CJM, Mysore · 16.03.2016
Suit O.S. No. 356/2011 for declaration, partition and separate possession before the III Addl. Senior Civil Judge and CJM, Mysore, partly decreed by judgment and decree dated 16.03.2016; Regular First Appeal filed thereagainst under Section 96 CPC by appellants Nos. 1 to 4 acting through their General Power of Attorney holder Sri. G.N Ramachandra

View full history

Bench / Coram

Jayant Banerji and Umesh M Adiga

Parties & counsel