Smt Varalakshmi vs Sri Munibyrappa
2021 Latest Caselaw 729 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF JANUARY, 2021

                        BEFORE

    THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO

                  R.F.A.No.713/2020

BETWEEN:

SMT.VARALAKSHMI
D/O MUNIBYRAPPA
W/O LOKESH
AGED ABOUT 40 YEARS
R/AT:No.92, NEAR VENUGOPALA
SWAMY TEMPLE
KOGILU VILLAGE
YELAHANKA HOBLI
BANGALORE - 560 064.                  ..APPELLANT

(BY SRI K P BHUVAN, ADVOCATE)

AND:

1 . SRI MUNIBYRAPPA
S/O LATE MUNIBYRAPPA,
AGED ABOUT 68 YEARS.

2 . SRI M MAHESH
S/O MUNIBYRAPPA,
AGED ABOUT 43 YEARS.

BOTH ARE RESIDING AT
AGRAHARA VILLAGE,
JAKKUR POST, YELAHANKA HOBLI,
BANGALORE NORTH - 560 064.
                         2


3 . SRI A.M. MARIYAPPA
S/O LATE MUNIBYRAPPA,
AGED ABOUT 55 YEARS,
R/AT:AGRAHARA VILLAGE,
JAKKUR POST, YELAHANKA HOBLI,
BANGALORE NORTH- 560 064.

4 . SRI A D MARIYAPPA
S/O DOOMANNA,
AGED ABOUT 56 YEARS,
R/AT: AGRAHARA VILLAGE,
JAKKUR POST, YELAHANKA HOBLI
BANGALORE NORTH - 560 064.

5 . SRI M JAYAGOPA GOWDA
S/O LATE NARAYANA GOWDA,
AGED ABOUT 50 YEARS,
R/AT: THANISANDRA VILLAGE,
ARABIC COLLEGE POST,
BANGALORE EAST TALUK.

6 . M/s. SATYA HERITAGE HOMES
OFFICE AT No.G-2,
NAVEEN APARTMENTS,
13TH MAIN ROAD,
VASANTH NAGAR,
BANGALORE - 560 052.
REPRESENTED BY ITS PARTNER
MR. SACHIN KAMATH                 ..RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER
41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 17.1.2019 PASSED IN OS.No.996/2012
ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE
BENGALURU RURAL DISTRICT, BENGALURU DISMISSING
THE SUIT FOR PARTITION AND DECLARATION.

    THIS RFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              3


                       JUDGMENT

Learned counsel for appellant submits that the

total valuation of the property is Rs.24,00,000/- and

value of appellant's share is Rs.8,00,000/- and due to

oversight he has presented the appeal before this

court. Learned counsel has filed a memo seeking

permission to withdraw the appeal and for taking

return of the file to file it before proper court.

Memo is taken on record.

Appeal is dismissed as withdrawn.

Office is directed to return the certified copy of

the impugned order to the learned counsel for

appellant after retaining a xerox copy of the same.

Sd/-

JUDGE

SBN