Sri. C N Rajappa vs Smt. C R Usharani
2021 Latest Caselaw 6031 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF DECEMBER, 2021

                        BEFORE

   THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                  R.F.A.No.681 OF 2021

BETWEEN:

SRI. C N RAJAPPA
AGED ABOUT 76 YEARS,
S/O.LATE A NAGAIAH,
R/O HEBBANI VILLAGE,
BYRAKURU HOBLI,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.                ...APPELLANT


(BY SRI NAGARAJA REDDY D, ADVOCATE)

AND:

1 . SMT. C R USHARANI
AGED ABOUT 44 YEARS,
D/O C.N. RAJAPPA,
W/O YOGARAJA,
R/A NO.115-B, 1ST STAGE,
4TH A MAIN, BAHUBALI NAGAR,
JALAHALLI, BENGALURU - 560 013.

2 . SRI C R NAGAMOHAN
AGED ABOUT 48 YEARS,
S/O.C.N. RAJAPPA,
RESIDENT OF HEBBANI VILLAGE,
BYRAKURU HOBLI,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.
                                              R.F.A.No.681 /2021

                                2



3 . SRI C R SUBBAIAH
AGED ABOUT 46 YEARS,
S/O.C.N. RAJAPPA,
RESIDENT OF HEBBANI VILLAGE,
BYRAKURU HOBLI,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.

4 . SMT. SHAKEELAMMA
AGED ABOUT 51 YEARS,
W/O CHANDPASHA
RESIDENT OF HEBBANI VILLAGE,
BYRAKURU HOBLI,
MULABAGAL TALUK,
KOLAR DISTRICT - 563 131.                  ...RESPONDENTS


       THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020
PASSED IN O.S.NO.324/2015 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., MULABAGAL, DECREED THE SUIT FOR
PARTITION.

      This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:

                          ORDER

Learned counsel for appellant submits that, in view of the

fact that, plaintiff share does not exceed `10,00,000/-, he seeks

permission for withdrawal of this appeal for its presentation

before the appropriate court.

R.F.A.No.681 /2021

Registry also raised similar objection regarding

maintainability of this appeal.

In view of the above, appeal stands returned with liberty to

file it before the appropriate court, however, within three weeks

from today.

Sd/-

JUDGE

SBN