Disposed¶39

Smt Premanandini v. Smt Venkatamma

Karnataka HC2 Jun 2025RSA/1103/2013

Case brief

AI extract

What is this about?

Withdrawal of suit with liberty to file fresh comprehensive suit; memo by plaintiff/respondent invoking Anathula Sudhakar Vs. P. Buchi Reddy (dead) by LRs, (2008) 4 SCC 594; no objection by defendants/appellants; suit dismissed as withdrawn; second appeal disposed of as nothing surviving; S.100 CPC regular second appeal; RSA No. 1103 of 2013 (INJ); High Court of Karnataka at Bengaluru; Justice Ashok S. Kinagi (oral judgment, 02-06-2025); courts at Malavalli: O.S.No.120/2008 (Civil Judge and JMFC, decree 28.01.2012) and R.A.No.4/12 (Senior Civil Judge and JMFC, decree 06.04.2013); parties from Belakavadi Village, Malavalli Taluk.

What did the court decide?

Leave granted to withdraw the suit with liberty to file a comprehensive suit if so desired; suit dismissed as withdrawn and, nothing surviving, the second appeal disposed of. ¶39

Smt Premanandini Vs Smt Venkatamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:18567 RSA No. 1103 of 2013

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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 2^ND DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 1103 OF 2013 (INJ)

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BETWEEN:

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SMT PREMANANDINI W/O MASANAIAH, AGED ABOUT 41 YEARS,

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MASANAIAH S/O CHUNCHAIAH, AGED ABOUT 46 YEARS,

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BOTH ARE R/O OPP:BEERESWAR TALKIES, BELAKAVADI VILLAGE, B.G.PURA HOBLI, MALAVALLI TQ. 571 430

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Digitally signed by SUNITHA K S

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAJA L., ADVOCATE)

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AND:

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SMT VENKATAMMA W/O HOSPITAL RACHAIAH AGED ABOUT 57 YEARS, R/O BELAKAVADI VILLAGE, MALAVALLI TQ - 571 430

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…APPELLANTS

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…RESPONDENT

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(BY SRI. RAVI PRAKASH, ADVOCATE FOR SRI. S RAJESH, ADVOCATE FOR C/R)

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2 - NC: 2025:KHC:18567 RSA No. 1103 of 2013

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HC-KAR

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 6.4.13 PASSED IN R.A.NO.4/12 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 28.1.12 PASSED IN OS.NO.120/2008 ON THE FILE OF CIVIL JUDGE AND JMFC, MALAVALLI.

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

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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Learned counsel for the respondent/plaintiff filed a

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memo seeking leave of the Court to withdraw the suit with liberty to file a comprehensive suit, in view of the law laid down by the Hon’ble Apex Court in the case of Anathula

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Sudhakar Vs. P. Buchi Reddy (dead) by legal

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representatives and others reported in 2008 (4) SCC 594 .

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