B N Vasudeva Murthy vs Muniyamma W/O Late B M Narayanappa
2021 Latest Caselaw 2091 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 2ND DAY OF JUNE, 2021

                         BEFORE

           THE HON'BLE MR. JUSTICE M.I.ARUN

               RFA NO.349 OF 2011 (PAR)
BETWEEN:
B.N.VASUDEVA MURTHY,
S/O LATE B.M.NARAYANAPPA,
AGED ABOUT 45 YEARS,
BYATARAYANAPURA, YELAHANKA HOBLI,
BANGALORE NORTH TALUK - 560 092.
                                          ... APPELLANT
(BY SRI.D.S.CHANDRAHASA, ADV.)

AND:

MUNIYAMMA,
W/O LATE B.M.NARAYANAPPA,
SINCE DECEASED (DELETED)

1.     N.JAYASHANKAR,
       S/O LATE B.M.NARAYANAPPA,
       AGED ABOUT 57 YEARS,
       RESIDING AT BYATARAYANAPURA,
       YELAHANKA HOBLI,
       BANGALORE NORTH TALUK - 560 092.

B.N.BALAKRISHNA MURTHY,
S/O LATE B.M.NARAYANAPPA,
SINCE DECEASED (DELETED)

2.     P.SATISH PAI,
       S/O LATE NARASIMHA PAI,
       AGED ABOUT 64 YEARS,
       NO.85/1, K.H.ROAD,
       BANGALORE - 560 027.
                            2


3.   SMT.SHANTHAMMA,
     W/O M.KRISHNAPPA,
     AGED ABOUT 59 YEARS,
     NO.8, 4TH CROSS, JAI JAVAN NAGAR,
     SUBBAYYANAPALYA,
     BANGALORE - 560 003.

4.   SMT.BHAGYAMMA,
     W/O G.P.ANAND,
     AGED ABOUT 55 YEARS,
     MELUR VILLAGE, JANGAMAKOTE HOBLI,
     SIDDALAGHATTA TALUK,
     CHIKKABALLAPUR DISTRICT - 562 101.

5.   SMT.PADMA,
     D/O LATE B.M.NARAYANAPPA,
     W/O LATE R.NAGARAJ,
     AGED ABOUT 47 YEARS,
     NO.1, 5TH MAIN, 5TH CROSS,
     V.V.PURAM, PALACE GUTTAHALLI,
     BANGALORE - 560 003.

6.   SMT.RADHA,
     W/O BALACHANDRA,
     AGED ABOUT 36 YEARS,
     RESIDING AT GANGASANDRA,
     THUBAGERE HOBLI,
     DODDABALLAPURA TALUK,
     BANGALORE RURAL DISTRICT.
                                  ... RESPONDENTS

(BY SRI.H.R.ANANTHA KRISHNA MURTHY, ADV. FOR R2)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 18.10.2010
PASSED IN O.S.3594/1993 ON THE FILE OF THE XXXVIII-
ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE
SUIT FOR THE PARTITION AND SEPARATE POSSESSION.

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



                          JUDGMENT

Learned counsel for the appellant has filed a memo

dated 31.05.2021, wherein he has sought to withdraw the

appeal with liberty to participate in O.S.No.27133/2010 and

claim his due share in joint family properties. He further

submits that he has arraigned as defendant No.2 in the said

original suit.

2. That being the case, reserving liberty to participate

in O.S.No.27133/2010 does not arise. If he has any right, it is

for him to agitate before the trial Court in the manner known

to law.

3. At this juncture, the learned counsel for the

appellant submits that he may be permitted to withdraw the

appeal without reserving any liberty as prayed for in the

memo.

Accordingly, appeal is dismissed as not pressed.

Sd/-

JUDGE ag