Smt Bhagya Vs Smt K N Latha — Karnataka HC (2026) — LawSathi Research

Smt Bhagya Vs Smt K N Latha — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Proceeding (styled 'criminal petition' in the operative text) dismissed as withdrawn; liberty reserved to prefer an appeal before the jurisdictional District Court, with the benefit of exclusion of time under Section 14 of the Limitation Act, 1963 if filed within two weeks of receipt of a certified copy of the order; Registry directed to return certified copies after retaining photocopies.

Issue for consideration

Whether the memorandum dated 29.01.2026 seeking permission to withdraw the proceeding (referred to in the operative text as a 'criminal petition'), on the ground that the appropriate remedy is an appeal before the District Court, should be accepted and the petition dismissed as withdrawn.

Court's answer

The memorandum dated 29.01.2026 seeking withdrawal was taken on record, and in view of the submission made and the memo filed, the criminal petition was dismissed as withdrawn.

Ratio / Principle

Liberty was reserved to the petitioners to prefer an appeal before the jurisdictional District Court.

Key takeaways

If the appeal is filed within two weeks from the date of receipt of a certified copy of the order, the petitioners are entitled to the benefit of exclusion of time under Section 14 of the Limitation Act, 1963.ratio¶¶40
Administrative direction: the Registry was instructed to forthwith return the certified copies to counsel after retaining photocopies thereof.obiter¶¶41

Detailed headnote1 paragraphs

Document carries a material internal inconsistency. The cause-title identifies Regular First Appeal No. 816 of 2025 (PAR-) filed under Sec.96 CPC challenging the judgment and decree dated 14.10.2024 passed in OS No.164/2018 by the Additional Senior Civil Judge and CJM, Mandya, which partly decreed a suit for partition and separate possession; the appellants are the widow, son and daughter of Late Shankaregowda, and the respondents include daughters of Late Malaningamma and the legal heirs (Smt. Sakamma, Sri. N. Raghukumar) of the deceased third respondent Sri. Nanjundaih. The operative oral judgment, however, records acceptance of a memorandum dated 29.01.2026 submitted by counsel for the 'petitioners' seeking withdrawal of 'the present criminal petition' on the stated ground that the appropriate remedy is an appeal before the District Court in terms of Section 9(1) of the Civil Courts Act, the subject-matter being admittedly valued below Rs.10,00,000/-. The court took the memo on record and dismissed the petition as withdrawn, reserved liberty to pursue the District Court appeal, extended the benefit of exclusion of time under Section 14 of the Limitation Act, 1963 if the appeal is filed within two weeks of receipt of the certified copy, and directed the Registry to return the certified copies after retaining photocopies. No precedent is cited and no substantive legal proposition is adjudicated; the caption/body mismatch materially limits the citability of this judgment.

NC: 2026:KHC:5062 RFA No. 816 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 816 OF 2025 (PAR-)

BETWEEN:

SMT. BHAGYA W/O LATE SHANKAREGOWDA AGED ABOUT 55 YEARS RESISING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY.

SRI. HEMANTH

S/O LATE SHANKAREGOWDA AGED ABOUT 35 YEARS RESIDING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY.

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SMT. MAHIMA

D/O LATE SHANKAREGOWDA AGED ABOUT 31 YEARS RESIDING AT NO.387, MAIN ROAD HALLAHALLI EXTENSION MANDYA CITY.

…APPELLANTS

(BY MS. DIKSHA B, ADVOCATE FOR SRI. ADHUKAR S, ADVOCATE)

2 - NC: 2026:KHC:5062 RFA No. 816 of 2025

HC-KAR

AND:

SMT. K.N. LATHA W/O LATE K.C.SURESH D/O LATE MALANINGAMMA AGED ABOUT 50 YEARS RESIDING AT KOMMERAHALLI VILLAGE KASABA HOBLI, MANDYA TALUK.

SMT. K.N. SHOBHA W/O RAJANNA D/OLATE MALANINGAMMA AGED ABOUT 40 YEARS RESIDING AT NO.451, 7TH D-CROSS HEBBAL I STAGE, MYSORE.

3 SRI. NANJUNDAIH (DEAD BY LEGAL HEIRS)

3(A). SMT. SAKAMMA W/O LATE NANJUNDAIAH AGED ABOUT 67 YEARS

3(B). SRI.N.RAGHUKUMAR W/O LATE NANJUNDAIAH AGED ABOUT 40 YEARS BOTH ARE RESIDING AT NO.36 GOKULAM 4TH STAGE MANJUNATHAPURAM, MYSORE

…RESPONDENTS

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.10.2024 PASSED IN OS NO.164/2018 ON THE FILE OF ADDITIONAL SENIOR CIVIL

3 - NC: 2026:KHC:5062 RFA No. 816 of 2025

HC-KAR

JUDGE AND CJM, MANDYA., PARTLY 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 SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

Learned counsel appearing for the petitioners has filed a memo dated 29.01.2026 seeking permission to withdraw the present criminal petition on the ground that the appropriate remedy is by way of an appeal before the District Court, in terms of Section 9(1) of the Civil Courts Act, as the pecuniary value of the subject-matter is admittedly less than Rs.10,00,000/-.

The said memo is taken on record.

In view of the submission made and the memo filed,

the criminal petition is dismissed as withdrawn .

Liberty is reserved to the petitioners to prefer an appeal before the jurisdictional District Court.

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NC: 2026:KHC:5062 RFA No. 816 of 2025

HC-KAR

In the event of the appeal being filed within a period of two weeks from the date of receipt of a certified copy of this order, the petitioners shall be entitled to the benefit of exclusion of time under Section 14 of the Limitation Act, 1963.

The Registry is directed to forthwith return the certified copies to the learned counsel for the petitioners after retaining photocopies thereof.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK List No.: 1 Sl No.: 43