Sri Chandrashekar v. Smt Sarojamma

Karnataka HC15 Jul 2026RFA/713/2022

Case brief

AI extract

What is this about?

RFA No. 713 of 2022, High Court of Karnataka at Bengaluru, decided 15.07.2026 by Justice Hanchate Sanjeevkumar. Appeal under Section 96 r/w Order 41 Rule 1 CPC against partition-suit judgment and decree dated 23.12.2021 in OS No.14/2019 (Addl. Senior Civil Judge and JMFC, Gubbi). FDP No.06/2022 pending; compromise petition under Order 23 Rule 3 CPC filed by settled parties; final-decree drawing stayed by order dated 21.04.2023; appeal withdrawn by memo dated 16.06.2026 and dismissed as withdrawn.

What did the court decide?

The Court accepted the appellant's memo dated 16.06.2026 and took on record the submission of learned counsel; accordingly the appeal was dismissed as withdrawn, to enable a compromise decree in FDP No.06/2022. ¶49

Sri Chandrashekar Vs Smt Sarojamma — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:36214 RFA No. 713 of 2022

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HC-KAR

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CNR: KAHC010175872022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JULY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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REGULAR FIRST APPEAL NO. 713 OF 2022

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BETWEEN:

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SRI. CHANDRASHEKAR S/O LATE MAHANTHAIAH, AGED ABOUT 48 YEARS, R/O. KALAYANA SAMUCHAYA KARNATAKA VEERASHAIVA VIDYABHIBRUDDI SAMSTHE, NO.18/1, 6^TH CROSS, GANDHINAGAR, BENGALURU – 560 009.

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…APPELLANT

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(BY SRI. RUDRAIAH M, ADVOCATE)

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. SAROJAMMA W/O CHANDRASHEKAR VIDYA SAGAR, D/O LATE MAHANTHAIAH, AGED ABOUT 61 YEARS, NO.899, 28^TH MAIN ROAD, 9^TH BLOCK, JAYANAGAR, BENGALURU – 560 069.

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SMT. MEENAKSHAMMA W/O Y.N. BASAVARAJU, D/O LATE MAHANTHAIAH,

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NC: 2026:KHC:36214 RFA No. 713 of 2022

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AGED ABOUT 59 YEARS, R/O YELERAMPURA, IRKASANDRA COLONY POST, KORATAGERE TALUK, TUMAKURU – 572 129.

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SMT. BHRAMARAMBA W/O S Y M CHANDRASHEKARAIAH, D/O LATE MAHANTHAIAH, AGED ABOUT 57 YEARS, R/O SAMPIGE VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT – 572 225.

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SMT. SUSHEELA W/O VIJAYADEVAMURTHY, D/O LATE MAHANTHAIAH, AGED ABOUT 48 YEARS, C/O GOPALA SHETTARU, BALARAMESHWARA NILAYA, BEHIND LAKSHMI TALKIES, BATAWADI, TUMAKURU – 572 103.

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SMT. PUSHPALATHA W/O NANJUNDA PRASAD, D/O LATE MAHANTHAIAH, AGED ABOUT 43 YEARS, R/O SUMUKHA, 2^ND CROSS, M C COLONY, S S PURAM, TUMAKURU – 572 102.

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SMT. SUVARNAMMA W/O LATE MAHANTHAIAH, AGED ABOUT 75 YEARS, R/AT SUBASH STREET, NITTUR VILLAGE, GUBBI TALUK,

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3 - NC: 2026:KHC:36214 RFA No. 713 of 2022

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TUMAKURU – 572 223.

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SRI. SOMASHEKAR S/O LATE MAHANTHAIAH, AGED ABOUT 52 YEARS, R/O NO.15, 4^TH CROSS, APPANNAPPA LAYOUT, THUNGANAGARA MAIN ROAD, BYADARAHALLI, BENGALURU – 560 091.

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SRI. SAMBASHIVAIAH S/O LATE MAHANTHAIAH, AGED ABOUT 50 YEARS, R/O SUBASH STREET, NITTUR VILLAGE, GUBBI TALUK, TUMAKURU – 572 223.

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THE SPECIAL LAND ACQUISITION OFFICER TUMAKURU SHIVAMOGGA SECTION, NATIONAL HIGHWAY NO.206, TUMKURU – 572 102.

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…RESPONDENTS

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(BY SRI. NANJUNDARADHYA B G, ADVOCATE FOR C/R1-R5[CP861/22]; R8 & R9 ARE SERVED)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN OS No.14/2019 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, GUBBI AND ETC.,

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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:36214 RFA No. 713 of 2022

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo dated 16.06.2026 to withdraw the appeal, which reads as under:

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“MEMO WITHDRAWAL

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It is respectfully submitted on behalf of the Appellant that the above regular first appeal arises out of a suit for partition in OS No.14/2019 filed by the 1^st Respondent and others for partition against the Appellant and other Respondents herein. It is submitted that after the passing of the judgment and decree dated 23.12.2021, FDP No. 06/2022 came to be filed by the 1^st Respondent before the trial Court. During the pendency of the final decree proceedings, the parties have settled their differences and filed compromise petition under Order 23 Rule 3 of CPC and prayed for passing of compromise decree. Copy of the compromise petition filed in FDP No.06/2022 is produced herewith. However, this Hon'ble Court vide order dated 21.04.2023 was pleased to stay the drawing of the final decree. Hence the Appellant prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above regular first appeal in order facilitate passing of compromise decree as per the compromise petition filed therein, in the interest of justice and equity.”

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HC-KAR

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NC: 2026:KHC:36214 RFA No. 713 of 2022

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CNR: KAHC010175872022

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