Dismissed¶39

Sri T S Mahadevaiah v. Sri Bolashivanegowda

Karnataka HC18 Mar 2026MFA/7923/2025

Case brief

AI extract

What is this about?

Withdrawal of Miscellaneous First Appeal by counsel's memo; appeal under Order 43 Rule 1(R) CPC against order dated 02.07.2025 in Mis.No.15/2022 (petition under Order 39 Rule 2A CPC) of Senior Civil Judge and JMFC, Kanakapura; counsel submitted appeal not maintainable before the High Court upon verification of records; dismissed as withdrawn with liberty to file fresh appeal before appropriate authority; no substantive issue adjudicated; no precedents cited; no monetary amounts.

What did the court decide?

Appeal dismissed as withdrawn with liberty as prayed for - i.e., liberty to withdraw the appeal as not pressed and to file a fresh appeal before the appropriate authority. ¶39

Sri T S Mahadevaiah Vs Sri Bolashivanegowda — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:15797 MFA No. 7923 of 2025

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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 18^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 7923 OF 2025 (CPC)

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BETWEEN:

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SRI T S MAHADEVAIAH S/O SRI SOMANATHAPPA AGE ABOUT 53 YEARS APPELLANT NO.1 TO 3 ARE RESIDING AT: NEAR ANNAPOORANA CHOULTRY, J C BADAVANE, KANAKAPURA TOWN AND TALUK, RAMANAGARA DISTRICT.

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…APPELLANT

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(BY SRI. HARSHA., ADVOCATE)

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AND:

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SRI BOLASHIVANEGOWDA

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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S/O LATE KAUNNABUCHEGOWDA, SINCE DEAD BY HIS LRS.

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SMT. GOWRAMMA W/O LATE. BOLASHIVANEGOWDA, AGE ABOUT 75 YEARS,

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SMT SUJATHA D/O LATE BOLASHIVANEGOWDA, AGE ABOUT 52 YEARS,

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SMT ROOPA D/O LATE BOLASHIVANEGOWDA, AGE ABOUT 48 YEARS,

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2 - NC: 2026:KHC:15797 MFA No. 7923 of 2025

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HC-KAR

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SMT SHILPA D/O LATE BOLASHIVANEGOWDA AGE ABOUT 41 YEARS

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SMT SUMA W/O LATE RAVIKUMAR D/O LATE BOLASHIVANEGOWDA AGE ABOUT 34 YEARS,

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RESPONDENTS NO.1 TO 5 ARE RESIDING AT VARAGERAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, NOW BANGALORE SOUTH DISTRICT.

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SRI DURGEGOWDA @ DURGAIAH S/O LATE MAREGOWDA, AGE ABOUT 54 YEARS, RESIDING AT: MAHADESHWARA BADAVANE, KANAKAPURA TOWN AND TALUK, RAMANAGARA DISRICT, NOW BANGALORE SOUTH DISTRICT.

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…RESPONDENTS

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THIS MFA IS FILED U/O 43 RULE 1(R) OF CPC PRAYING TO SET ASIDE THE ORDER PASSED IN PETITION FILED BY THE APPELLANT UNDER ORDER 39 RULE 2A OF THE CODE OF CIVIL PROCEDURE PASSED MISC.NO.15/2022 DATED: 02.07.2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, THEREBY SET ASIDE THE ORDER BY ALLOW THE SAID PETITION AND ALLOW THIS MISCELLANEOUS FIRST APPEAL AGAINST THE DEFENDANTS, CALL FOR THE RECORD FROM THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, AT KANAKAPURA.

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

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NC: 2026:KHC:15797 MFA No. 7923 of 2025

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Learned counsel appearing for the appellant has filed a memo seeking to withdraw this Miscellaneous First Appeal, which reads as under:

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"The Undersigned counsel representing the appellants herewith submits that, the above miscellaneous first appeal is filed for challenging the order dated:02.07.2025 passed in Mis.No.15/2022 on the file of the Senior Civil Judge, and JMFC at Kanakapura. Now upon verification of the records the appellants submit that the present appeal is not maintainable before this Hon'ble court and hence the appellants prays that this Hon'ble court may pleased to permit the appellants to withdraw the above suit as not pressed and seeking liberty to file fresh appeal before the appropriate authority and hence filing this memo in the above case, in the interest of justice and equity."

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