Dismissed¶56

Smt. Devaki v. Smt. Venkamma

Karnataka HC28 Aug 2025RFA/305/2020

Case brief

AI extract

What is this about?

Withdrawal of Regular First Appeal (partition) by consent memo recording amicable settlement between parties; appeal under Section 96 CPC against decree dated 30.07.2019 in O.S.No.23/2014 (Principal Senior Civil Judge and JMFC, Bantwal, D.K) dismissing suit for partition; memo accepted; appeal dismissed as withdrawn; pending applications do not survive; no merits adjudication; High Court of Karnataka at Bengaluru; Justice S Rachaiah; 28.08.2025.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn ¶56

Smt. Devaki Vs Smt. Venkamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:33304 RFA No. 305 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH

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REGULAR FIRST APPEAL NO. 305 OF 2020 (PAR)

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BETWEEN:

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SMT. DEVAKI W/O GANGDARA AGED ABOUT 63 YEARS R/AT SASIGOLI HOUSE KOODLA MOGARU POST MANJESHWAR, KASARAGODU KERALA-671 323

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SMT KALYANI W/O VENKAPPA MOOLYA AGED ABOUT 60 YEARS R/AT NEKKIDAKALA HOUSE KOODLA MOGARU POST MANJESHWAR KASARAGODU-671 323 …APPELLANTS

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(BY SRI. PRASANNA V R., ADVOCATE)

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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AND:

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SMT. VENKAMMA W/O LATE MANJAPPA MOOLYA AGED ABOUT 80 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI PUTTA MOOLYA S/O MANJAPPA MOOLYA AGED ABOUT 69 YEARS R/O KODANGE HOUSE

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2 - NC: 2025:KHC:33304 RFA No. 305 of 2020

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HC-KAR

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IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI BABU MOOLYA S/O MANJAPPA MOOLYA AGED ABOUT 67 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI VISHWANATH S/O MANJAPPA MOOLYA AGED ABOUT 58 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI SUNDARA S/O MANJAPPA MOOLYA AGED ABOUT 56 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI SRINIVAS S/O MANJAPPA MOOLYA AGED ABOUT 47 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SMT NALINAKSHI D/O MANJAPPA MOOLYA AGED ABOUT 44 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST

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NC: 2025:KHC:33304 RFA No. 305 of 2020

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HC-KAR

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BANTWAL TALUK D K DISTRICT-574 323

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SMT SUJATHA D/O MANJAPPA MOOLYA AGED ABOUT 41 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI JAGADISH S/O MANJAPPA MOOLYA AGED ABOUT 39 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI JAYAKARA

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S/O MANJAPPA MOOLYA AGED ABOUT 37 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SRI MANOJ

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S/O MANJAPPA MOOLYA AGED ABOUT 35 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SMT RUKMINI

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W/O LATE SOMAPPA MOOLYA AGED ABOUT 68 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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4 - NC: 2025:KHC:33304 RFA No. 305 of 2020

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HC-KAR

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13. SMT VARIJAXI

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D/O LATE SOMAPPA MOOLYA

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AGED ABOUT 37 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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SMT VIJAYA D/O LATE SOMAPPA MOOLYA AGED ABOUT 35 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323

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15. SMT NAMITHA

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D/O LATE SOMAPPA MOOLYA

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AGED ABOUT 33 YEARS R/O KADANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 …RESPONDENTS

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(BY SRI.G.RAVISHANKAR SHASTRY, ADVOCATE FOR R2; SRI.M.SUDHAKAR PAI, ADVOCATE FOR R12 TO R15; R1, R3, R4, R5, R9, R10, R12 AND R15 SERVED)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.07.2019 PASSED IN OS.NO.23/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BANTWAL, D.K, DISMISSING THE SUIT FOR PARTITION.

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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 RACHAIAH

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NC: 2025:KHC:33304 RFA No. 305 of 2020

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HC-KAR

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ORAL JUDGMENT

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