Dismissed¶41

Mr M Nagavarma Ballal v. Mrs Jayanthi Raja Rathna

Karnataka HC24 Feb 2025RFA/205/2015

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No. 205 of 2015 (PAR); filed under Section 96 CPC; appeal against judgment and decree dated 28.10.2014 in O.S.No.50/2010 (Senior Civil Judge & ACJM, Karkala) decreeing suit for partition and separate possession; appellants M. Nagavarma Ballal and M. Vasanth Kumar Ballal; respondents Jayanthi Raja Rathna, Preethi, Rushab (minor), Kanchanamala, Pushpa Shekar, Shobha Kirshna; appeal withdrawn by memo and dismissed as withdrawn; decision date 24.02.2025; bench: Anu Sivaraman and Vijaykumar A. Patil.

What did the court decide?

In view of the memo filed by learned counsel for the appellants seeking leave to withdraw the appeal, the Court dismissed the appeal as withdrawn. ¶41

Mr M Nagavarma Ballal Vs Mrs Jayanthi Raja Rathna — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:8072-DB RFA No. 205 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 205 OF 2015 (PAR)

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BETWEEN:

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MR. M. NAGAVARMA BALLAL AGED ABOUT 79 YEARS S/O LATE PANDYARAJ BALLAL RESIDING AT No.88, 'SHARDHA' P & T COLONY, R.T. NAGAR BENGALURU-560 032

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MR. M. VASANTH KUMAR BALLAL AGED 76 YEARS S/O LATE PANDYARAJA BALLA RESIDING AT BALLAL'S BUILDING ALANGAR ROAD

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MOODABIDRI-574 227

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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(BY SRI. K.A. ARIGA, ADVOCATE)

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AND:

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…APPELLANTS

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MRS. JAYANTHI RAJA RATHNA AGED ABOUT 58 YEARS W/O LATE RAJA RATHNA BALLAL RESIDING AT 378, 'GOURANGA HOUSE' 3^RD STAGE, KESERE MYSURU-570 001

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MRS. PREETHI AGED ABOUT 33 YEARS D/O LATE RAJA RATHNA BALLAL

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2 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015

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W/O SRI. SHIVA KUMAR RESIDING AT SRI KRISHNA NEW KANDA VILAS No.60, BIG BAZAR STREET SALEM-01

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MR. RUSHAB AGED ABOUT 14 YEARS, S/O LATE RAMESH KUMAR MINOR, REPESENTED BY HIS GUARDIAN AND GRAND MOTHER SMT. JAYANTHI RAJA RATHNA RESIDING AT 378 'GOURANGA HOUSE' 3^RD STAGE, KESERE MYSURU-570 001

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MRS. KANCHANAMALA AGED MAJOR W/O UMANTHA RAO RESIDING AT NIRMAN NAGAR NIRMAN SANDESH, 202 2^ND FLOOR, THANE DISTRICT NALLA SUPRA WEST MUMBAI-401 203

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MRS. PUSHPA SHEKAR AGED MAJOR W/O SOMESHKAR RESIDING AT No.43/6 8^TH MAIN, 14^TH CROSS MALLESHWARAM BANGALORE-3

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MRS. SHOBHA KIRSHNA AGED MAJOR W/O J. KRISHNA RESIDING HOUSE No.88 SECTOR, FARIDABAD HARYANA-121 002

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…RESPONDENTS

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3 - NC: 2025:KHC:8072-DB RFA No. 205 of 2015

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(BY SRI. M. MANISEKAR, ADVOCATE FOR R2; R1- SERVED; SRI. K. RANJAN KUMAR, ADVOCATE FOR R4 & R5; R3-MINOR REP. BY R1; R2 & R3 ARE TREATED AS LR's OF DECEASED R1 V.C.O. DATED 29.01.2025;

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R6-SERVICE OF NOTICE IS HELD SUFFICIENT V.C.O. DATE 29.01.2025)

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THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE

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JUDGMENT AND DECREE DATED 28.10.2014 PASSED IN O.S.No.50/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)