Smt.Vijayalaxmi @Saroja T B Vs Smt.C.v. Padmavathy — Karnataka HC (2026) — LawSathi Research

Smt.Vijayalaxmi @Saroja T B Vs Smt.C.v. Padmavathy — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn; liberty reserved to the appellants to approach the appropriate forum, with the time consumed in pursuing the appeal to be deducted while calculating limitation there; certified copy of the impugned judgment and decree to be returned to the learned counsel for the appellants.

Ratio / Principle

The appeal is dismissed as withdrawn in view of the memo filed by the learned counsel for the appellants, and the memo is taken on record.

Key takeaways

Liberty is reserved to the appellants to approach the appropriate forum.ratio¶29
The time consumed in pursuing this appeal shall be deducted while calculating limitation before the appropriate forum.ratio¶34
Office is directed to return the certified copy of the impugned judgment and decree to the learned counsel for the appellants after retaining a photocopy (administrative direction; not classifiable as holding or obiter).¶36

Detailed headnote1 paragraphs

Regular First Appeal No. 2790 of 2025 (Par), High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice R. Nataraj), delivered orally on 16 April 2026. The appeal under Section 96 of CPC was directed against the judgment and decree dated 29.09.2023 passed in O.S.No.18/2019 on the file of the Senior Civil Judge, Madikeri, which had decreed the suit for partition and separate possession. On a memo filed by the learned counsel for the appellants seeking withdrawal of the appeal to enable it to be re-presented before an appropriate forum, the Court took the memo on record and dismissed the appeal as withdrawn. Liberty was reserved to the appellants to approach the appropriate forum, and the Court directed that the time consumed in pursuing the appeal shall be deducted while calculating limitation before that forum. Office was further directed to return the certified copy of the impugned judgment and decree to the appellants' counsel after retaining a photocopy. No issues were framed and no precedents were cited or engaged with.

1 - NC: 2026:KHC:20786 RFA No. 2790 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2790 OF 2025 (PAR)

BETWEEN:

SMT. VIJAYALAXMI @ SAROJA T.B. AGED ABOUT 52 YEARS, W/O LATE P.U. VELAYUDHAN, R/O HOSKERI VILLAGE, MARAGODU POST, MADIKERI TALUK, KODAGU DISTRICT-571201

SRI. P.V. VASUDEVA, AGED ABOUT 49 YEARS, S/O LATE P.U. VELAYUDHAN, R/O NEAR THOMBATHUMANE PAISARY, HAKATHURU VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT-571252.

&APPELLANTS

Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

(BY SRI. KISHAN G.M., ADVOCATE FOR

SRI. VINOD KUMAR M., ADVOCATE)

AND:

SMT. C.V. PADMAVATHY W/O C.V. VASU, AGED ABOUT 46 YEARS, R/O KUDIGE, NEARBY COMMUNITY HALL, KUDUMANGALURU VILLAGE POST, SOMWARPET TALUK, KODAGU DISTRICT-571232.

SMT. P.B. USHA, W/O LATE P.V. BALAKRISHNA, AGED ABOUT 40 YEARS,

2 - NC: 2026:KHC:20786 RFA No. 2790 of 2025

HC-KAR

R/O JANATHA COLONY, MARAGODU, MADIKERI TALUK, KODAGU DISTRICT- 571201.

THE BRANCH MANAGER, KAVERY GRAMEENA BANK, HAKATHURU BRANCH, MADIKERI TALUK, KODAGU DISTRICT-571252.

&RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2023 PASSED IN O.S.NO.18/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

A memo is filed by the learned counsel for the appellants

to withdraw the appeal and re-present the same before an appropriate forum.

The memo is taken on record.

In view of the memo, this appeal is dismissed as

withdrawn. Liberty is reserved to the appellants to approach

the appropriate forum.

3 -

NC: 2026:KHC:20786 RFA No. 2790 of 2025

HC-KAR

It is needless to mention that the time consumed in pursuing this appeal shall be deducted while calculating

limitation before the appropriate forum.

Office is directed to return the certified copy of the impugned judgment and decree to the learned counsel for the appellants after retaining a photocopy.

Sd/(R. NATARAJ) JUDGE

PMR

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