Sri S N Basavachari vs Sri V Keshava
2022 Latest Caselaw 3317 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                      BEFORE

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

            R.F.A. NO.121 OF 2022 (PAR)

BETWEEN:

SRI S N BASAVACHARI
S/O LATE S.V. NANJUNDACHARI
AGED ABOUT 53 YEARS
R/AT SRI. VENKATESHWARA JEWELERS
BUS STAND, VEMGAL, KOLAR TALUK
KOLAR 563 102                          ... APPELLANT

(BY SRI.RAMAKRISHNA HEGDE, ADV.)

AND:

1.     SRI V KESHAVA
       S/O LATE VEERABHADRAPPA V.M
       AGED ABOUT 45 YEARS, POST MASTER
       NEAR BUS STOP, VEMGAL
       VEMGAL VILLAGE
       KOLAR TALUK 563 102

2.     SMT. PARVATHAMMA
       W/O LATE V.M. VEERABHADRAPA
       AGED ABOUT 68 YEARS, NEAR BUS STOP
       VEMGAL, VEMGAL VILLAGE
       KOLAR TALUK 563 102

3.     SRI. V SHIVARAJ
       S/O LATE VEERABHADRAPPA V M
                        2



     AGED ABOUT 56 YEARS
     BEHIND ARYAN SCHOOL
     NEAR BUS STOP, VEMGAL
     VEMAGAL VILLAGE
     KOLAR TALUK 563 102

4.   SMT. V. SHIVAMMA
     D/O LATE VEERABHADRAPA V M
     W/O LATE M. CHANDRASHEKHAR
     AGED ABOUT 60 YEARS
     WORKING IN KEB OFFICE
     VIJAYAPURA, R/AT KEB QUARTERS
     CHIKKABALLAPUR ROAD
     VIJAYAPURA, DEVANAHALLI TALUK
     BENGALURU RURAL DISTRICT 560110

5.   SRI.V. SHIVAKUMAR
     S/O ATE VEERABHADRAPPA V.M
     AGED ABOUT 50 YEARS, NEAR BUS STOP
     VEMGAL, VEMAGAL VILLAGE
     KOLAR TALUK 563 102

6.   SMT. V.S. GEETANJALI
     D/O V. SHIVARAJ
     W/O PRAKASH R
     AGED ABOUT 34 YEARS, R/AT MARUTHI
     BADAVANE, MALURU TOWN 563 130

7.   SMT. V.S. SANGEETHA
     D/O V.SHIVARAJ
     AGED ABOUT 30 YEARS
     BEHIND ARYAN SCHOOL
     NEAR BUS STOP
     VEMGAL, VEMAGAL VILLAGE
     KOLAR TALUK 563 102          ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST
                                      3



THE JUDGMENT AND DECREE DATED 30.11.2021 PASSED
IN OS.NO.180/2014 ON THE FILE OF THE C/C I
ADDITIONAL SENIOR CIVIL JUDGE, AND CJM., KOLAR,
PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE
POSSESION AND MESNE PROFIT.

     THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                           JUDGMENT

The appellant has filed a memo dated 25.02.2022.

It is stated that the suit of the plaintiff is decreed with cost

and it has held that he is entitled to 1/5th share in the suit

property. The same is challenged in the instant appeal.

The value of the subject matter of the appeal is stated to

be Rs.2,70,000/-. Hence, it is prayed that the appellant be

permitted to withdraw the appeal with a liberty to file

regular appeal before the District Court.

2. As it is stated that the value of the subject

matter of the appeal is Rs.2,70,000/-, appellant is

permitted to withdraw the appeal with a liberty to file

regular appeal before the jurisdictional District Court.

3. Office is directed to verify and return the Court

fee, if the appellant is so entitled along with the documents

filed after obtaining the photocopies of the same. The

appeal is disposed of accordingly.

Sd/-

JUDGE

MH/-