Sri. Sankalli Nagappa v. Sankalli Mugappa
Case brief
What is this about?
Withdrawal of suit — Order XXIII Rule 1(3) read with Section 151 CPC — liberty to institute fresh suit — rejection of withdrawal application set aside — fresh cause of action arising on death of mother/defendant — declaration and partition suit O.S.No.31/2012 — Article 227 Constitution of India — Civil Judge & JMFC Harapanahalli — rights and contentions left open — parties to appear 16.02.2026 — WP No. 41703 of 2019 (GM-CPC), High Court of Karnataka.
What did the court decide?
Petition disposed of: impugned order dated 31.05.2019 on I.A.No.III in O.S.No.31/2012 set aside; petitioner to file fresh application within two weeks; respondents free to file objections within two weeks thereafter; Trial Court to adjudicate in accordance with law with all rights and contentions left open; both parties directed to appear before the learned Trial Court on 16.02.2026 for arguments on the application to be filed by the petitioner; all pending applications closed.