Dismissed¶27

Smt Gulabi Shedthi v. Sri Rishan T

Karnataka HC13 Jan 2025RSA/56/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Regular Second Appeal No. 56 of 2023 (SP); Section 100 CPC; withdrawal of appeal by memo dated 13.06.2024 signed by GPA holder (son of aged appellant); matter settled out of court; appeal dismissed as withdrawn; refund/re-fund of court fee by Registry; Udupi; OS No.77/2012; RA.No.8/2021; single-judge bench of K. V. Aravind; no merits decided; no precedents cited.

What did the court decide?

Appeal dismissed as withdrawn on the appellant's memo dated 13.06.2024; Registry directed to re-fund the Court fee. ¶27

Smt Gulabi Shedthi Vs Sri Rishan T — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:1116 RSA No. 56 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 13^TH DAY OF JANUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE K. V. ARAVIND

¶7

REGULAR SECOND APPEAL No. 56 OF 2023 (SP)

¶8

BETWEEN:

¶9

SMT. GULABI SHEDTHI, AGED ABOUT 82 YEARS, W/O SHAMARAYA SHETTY, R/AT AMBIKA HOUSE, KOPPALATHOTA, KAPUR POST, PADU VILLAGE, KAUP TALUK, UDUPI DISTRICT 574 106.

¶10

…APPELLANT

¶11

(BY SRI SHOBHITH N SHETTY, ADVOCATE)

¶12

AND:

¶13

Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

¶14

SRI RISHAN T., AGED ABOUT 40 YEARS, S/O LATE G. P. KANCHAN, R/AT BOLJE, UDYAVARA VILLAGE, UDUPI TALUK AND DISTRICT.

¶15

…RESPONDENT

¶16

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.09.2022 PASSED IN RA.No.8/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.03.2021 PASSED IN OS No.77/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI.

¶17

THIS RSA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶18

¶19

NC: 2025:KHC:1116 RSA No. 56 of 2023

¶20

CORAM: HON'BLE MR JUSTICE K. V. ARAVIND

¶21

ORAL JUDGMENT

¶22

Learned counsel Sri Shobhith N. Shetty for the appellant submits that the memo dated 13.06.2024 for withdrawal is singed by the GPA holder Sri Vajrakumar, the son of the appellant.

¶23

It is submitted that due to age related ailments, the appellant is not in a position to sign the memo for withdrawal.

¶24

The memo dated 13.06.2024 reads as under;

¶25

" That the appellant in the above case most respectfully submitted that the above matter has been settled out of Court hence the appellant in the above case does not wish to proceed further in the above case against the respondent, therefore it is prayed that this Hon'ble Court may be pleased to dismiss above case as withdrawn/not pressed and also prayed that court fee paid in the above case may be refunded to the appellant in the interest of justice and equity."

¶26