Dismissed¶33

Smt. a Amaravathi v. Sri a Siddagangadhar

Karnataka HC21 Apr 2025RFA/2394/2024

Case brief

AI extract

What is this about?

RFA 2394 of 2024, Karnataka HC, Bengaluru, 21-04-2025, S.R. Krishna Kumar J; appeal dismissed as withdrawn on appellant's memo; challenge to Order VII Rule 11(a) & (d) r/w Sec.151 CPC rejection of plaint in OS No.6996/2023 (IA No.2), XLIII Addl. City Civil & Sessions Judge, Bengaluru; filed under Sec.96 CPC; partition-tagged (PAR) family dispute among siblings; liberty reserved to move the trial court where compromise was entered; Apex Court judgment in Civil Appeal No.14328/2024 @ SLP (CIVIL) No.27723/24 dt. 12.12.2024 referenced in memo; no merits adjudication.

What did the court decide?

Appeal permitted to be withdrawn; liberty to file necessary application before the court in which the compromise was entered in the suit. ¶33

Smt. a Amaravathi Vs Sri a Siddagangadhar — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:16306 RFA No. 2394 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2394 OF 2024 (PAR)

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BETWEEN:

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SMT. A AMARAVATHI D/O K H ANJINAPPA AGED ABOUT 72 YEARS NO.22, 3^RD CROSS RAOD VIRUPAKSHAPURA VIDYARANAPURA POST BANGALORE - 560 097.

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…APPELLANT

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(BY SRI. SANGAMESH.G.PATIL, ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SRI A SIDDAGANGADHAR S/O K H ANJINAPPA AGED ABOUT 71 YEARS NO. 1662, MARUTHI FARM HOUSE NEAR IMPACAT COLLEGE AMCO LAYUOT, KODIGEHALLI SAHAKAR ANAGAR POST BANGALORE 560 092.

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SRI K A SURESH S/O K H ANJINAPPA AGED ABOUT 58 YEARS NO. 92, DEFENSE COLONY SAHAKARANAGAR BANGALORE - 560 092.

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SRI A SHIVANSAHNKAR S/O K H ANJINAPPA AGED ABOUT 55 YEARS NO. 547/4 A BLOCK SAHAKARANAGAR BANGALORE - 560 092.

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NC: 2025:KHC:16306 RFA No. 2394 of 2024

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SRI K A NAREDNRA BABU S/O K H ANJINAPPA AGED ABOUT 52 YEARS NO. 1662, MARUTHI FARM HOUSE NEAR IMPACAT COLLEGE AMCO LAYOUT, KODIGEHALLI SAHAKARANAGARA POST BANGALORE - 560 092.

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SMT. A BHARATHI D/O K H ANJINAPPA AGED ABOUT 47 YEARS BYTHA VILLAGE AND POST HESARAGHATTA HOBLI, BANGALORE NORTH TALUK.

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…RESPONDENTS

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(BY SRI. SUNIL P P, ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.09.2024 PASSED ON IA NO.2 IN OS NO.6996/2023 ON THE FILE OF XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., ALLOWING THE APPLICATION FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC., FOR REJECTION OF PLAINT.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo seeking

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leave of this Court to withdraw the appeal.

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The aforesaid memo is taken on record, which reads as

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under:

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NC: 2025:KHC:16306 RFA No. 2394 of 2024

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Memo

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“The appellant herein respectfully prays that this Hon’ble Court may be pleased to permit the appellant to withdraw the above appeal with liberty to file necessary application before the court in which the compromise was entered in the suit. In view of the judgment of the Apex Court in Civil Appeal No.14328/2024 at SLP (CIVIL No.27723/24 dated 12.12.2024, in the interest of justice and equity.”

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Accordingly, the appeal is dismissed as withdrawn with liberty as aforesaid.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 2 Sl No.: 32

Smt. a Amaravathi v. Sri a Siddagangadhar

Case brief

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Smt. a Amaravathi v. Sri a Siddagangadhar

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