Dismissed¶30

Smt Lakshmamma v. Sri Munikempanna

Karnataka HC15 Jul 2025RSA/1912/2013

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru, Justice Ashok S.Kinagi, decision dated 15.07.2025. Regular Second Appeal No. 1912 of 2013 (INJ) under Section 100 CPC; appellant Smt Lakshamma v. respondent Sri Munikempanna (Mastenahalli village, Chinthamani/Chintamani taluk, Chikkaballapur district). Appeal dismissed as withdrawn with liberty to file a comprehensive suit, relying on Anathula Sudhakar V/s P.Buchi Reddy (AIR 2008 SC 2033); respondent did not object; all contentions kept open. No findings on merits, no quantum. Useful only for the practice point of withdrawal with liberty to institute a comprehensive suit.

What did the court decide?

Appeal dismissed as withdrawn with liberty to the appellant to file a comprehensive suit; all contentions of the parties kept open in case such a suit is filed. ¶30

Smt Lakshmamma Vs Sri Munikempanna — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:26260 RSA No. 1912 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 15^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1912 OF 2013 (INJ)

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BETWEEN:

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SMT LAKSHMAMMA AGED ABOUT 62 YEARS W/O LATE PILLAPPA R/AT MASTENAHALLI VILLAGE MASTENAHALLI GRAM PANCHAYATH KIWARA HOBLI CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT PIN CODE 563 128

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…APPELLANT

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(BY SRI. C M NAGABUSHANA.,ADVOCATE)

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AND:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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SRI MUNIKEMPANNA AGED ABOUT 62 YEARS S/O CHIKKA KEMPANNA R/AT MASTENAHALLI VILLAGE, MASTENAHALLI GRAMA PANCHAYATH KIWARA HOBLI CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT PIN CODE 563 128

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…RESPONDENT

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(BY SRI. M.MADHUSUDAN ADV FOR SRI.V.VISHWANATH SHETTY, ADVOCATE)

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NC: 2025:KHC:26260 RSA No. 1912 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 6.8.13 PASSED IN R.A.NO.56/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 25.8.2011 PASSED IN OS.NO.288/2007 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, CHINTAMANI.

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THIS APPEAL, COMING ON FOR FINAL 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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After arguing the matter for sometime, learned

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counsel for the appellant orally seeks leave of the Court to withdraw the appeal with a liberty to file a comprehensive suit in view of the proposition laid down by the Hon'ble Apex Court in the case of Anathula Sudhakar V/s P.Buchi Reddy (Dead) by Lr's and others reported in AIR 2008 SC 2033.

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