Dismissed¶27

Sri. Sharath D. H. v. Smt. Hemalatha

Karnataka HC17 Dec 2025RSA/2380/2017

Case brief

AI extract

What is this about?

Karnataka High Court, RSA No. 2380 of 2017 (POS), Sharath D.H. v. Hemalatha; second appeal under S. 100 CPC dismissed as withdrawn on appellant's memo dated 17.12.2025 (appeal not pressed); underlying suit O.S.No.1796/2006 (decree dated 08.10.2010, Addl. II Civil Judge Jr.Dvn., Bangalore Rural District) concerned a shop with possession already taken; first appeal R.A.No.111/2011 dismissed on 16.08.2017 by VIII Addl. Dist. Sessions Judge confirming the trial decree; court fee ordered to be returned/refunded per law; coram Dr. Justice K. Manmadha Rao; decided 17.12.2025; NC: 2025:KHC:54084.

What did the court decide?

Return/refund of the court fee paid by the appellant, in accordance with law. ¶27

Sri. Sharath D. H. Vs Smt. Hemalatha — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:54084 RSA No. 2380 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 2380 OF 2017 (POS)

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BETWEEN:

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SRI. SHARATH D. H. S/O HOMBALE GOWDA, AGED ABOUT 43 YEARS, AT GANESHA CLINIC, NO.4, SHIVASHAKTHI COMPLEX, MALLASANDRA CROSS, HESARAGHATTA MAIN ROAD, BANGALORE - 560 057.

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…APPELLANT

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(BY SRI. SHANKAR S. BHAT, ADVOCATE)

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AND:

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Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

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SMT. HEMALATHA W/O T.L NARAYANA, AGED ABOUT 47 YEARS, R/AT ANUGRAHA NILAYA, TIPPEGHATTA VILLAGE, MARATAGERE POST, ARSIKERE TALUK, HASSAN DISTRICT - 571 311.

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…RESPONDENT

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(BY SRI. H.M. RAVISHANKAR, ADVOCATE)

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THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 16.08.2017 PASSED IN R.A.NO.111/2011 ON THE FILE OF THE VIII ADDL.DIST SESSIONS JUDGE,BENGALURU RURAL DISTRICT, BENGALURU,

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NC: 2025:KHC:54084 RSA No. 2380 of 2017

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HC-KAR

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DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD08.10.2010 PASSED IN OS.NO.1796/2006 ON THE FILE OF THE ADDL.II CIVIL JUDGE (JR.DVN.) BANGALORE RURAL DISTRICT,BANGALORE.

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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 DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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dated 17.12.2025, which reads as under:

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"In the above case, the appellant is seeking the leave of this Hon'ble court to withdraw the as not pressed. The appeal may be dismissed as withdrawn. The court fee paid may be refunded as per law. Suit was in respect of a shop and possession was taken long ago appeal is not pressed."

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