Dismissed¶30

Smt. Tulasi v. Smt. Kempamma

Karnataka HC12 Aug 2025RSA/433/2021

Case brief

AI extract

What is this about?

Partition-tagged Regular Second Appeal (NC: 2025:KHC:31222) from Channarayapatna Taluk, Hassan District, disposed at the admission stage on withdrawal. Keywords: withdrawal of appeal by memo; liberty to seek inclusion of all family properties; Final Decree Proceedings; Section 100 CPC; O.S.No.107/2011; R.A.No.15/2018; Senior Civil Judge and JMFC Channarayapatna; II Additional Civil Judge and JMFC Channarayapatna; High Court of Karnataka; Justice V Srishananda; appeal dismissed as withdrawn; 12.08.2025.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to seek inclusion of all the family properties in the Final Decree Proceedings. ¶30

Smt. Tulasi Vs Smt. Kempamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:31222 RSA No. 433 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 433 OF 2021 (PAR)

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BETWEEN:

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SMT. TULASI W/O LATE RAMESHA AGED ABOUT 40 YEARS R/O SRIKANTANAGARA EXTENSION SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116.

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…APPELLANT

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(BY SRI. K N NITISH, ADVOCATE FOR SRI. K V NARASIMHAN., ADVOCATE)

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AND:

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Digitally signed by MALATESH K C

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Location: HIGH COURT OF KARNATAKA

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SMT. KEMPAMMA W/O LATE MANJEGOWDA AGED ABOUT 54 YEARS

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SMT SUKANYA D/O LATE SHIVEGOWDA AGED ABOUT 50 YEARS

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RESPONDENTS 1 AND 2 ARE R/AT GURIGARANAHALLI VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116.

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SRI NAGESH S/O MANJEGOWDA

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NC: 2025:KHC:31222 RSA No. 433 of 2021

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HC-KAR

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AGED ABOUT 30 YEARS R/O BETTANAKOPPALU VILLAGE SHRAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116.

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…RESPONDENTS

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(R1- KEMPANNA SD, R2-SUKANYA SD, R3- NAGESH SD)

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THIS RSA FILED UNDER SECTION 100 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 10.04.2019 PASSED IN RA.NO.15/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.11.2017 PASSED IN OS.NO.107/2011 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC CHANNARAYAPATNA.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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which reads as under:

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The appellant herewith seeks leave of this Hon'ble Court to withdraw the above appeal with liberty to seek inclusion of all the family properties in the Final Decree Proceedings.

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Wherefore, it is prayed that this Hon'ble Court be pleased to take the same on record and dispose the above appeal with liberty to seek inclusion of all the family

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NC: 2025:KHC:31222 RSA No. 433 of 2021

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HC-KAR

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properties in the final decree proceedings, in the interest of justice and equity.

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Placing the memo on record, the appeal is dismissed

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as withdrawn with liberty as prayed for.

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