G C Prabhu vs G N Chandra Reddy
2023 Latest Caselaw 5356 Kant

                                                  -1-
                                                           NC: 2023:KHC:27723
                                                               RFA No. 1552 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF AUGUST, 2023

                                               BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                            REGULAR FIRST APPEAL NO. 1552 OF 2023


                   Between:

                   G.C.Prabhu
                   S/o. G.N.Chandra Reddy
                   Aged about 36 years
                   R/at Gunjur Village and Post
                   Varthur Hobli, Bengaluru-560087
                                                                         ...Appellant
                   (By Sri Prakash R.B., Advocate)

                   And:

                   1.    G.N.Chandra Reddy
                         S/o. Late G.N.Nanjunda Reddy
                         Aged about 69 years
Digitally signed         R/at Gunjur Village and Post
by C K LATHA             Varthur Hobli, Bengaluru-560087
Location: HIGH
COURT OF
KARNATAKA          2.    Smt. G.C.Shaila
                         D/o. G.N.Chandra Reddy
                         Aged about 39 years
                         R/at Gunjur Village and Post
                         Varthur Hobli, Bengaluru-560087
                         (as on date of filing of the suit)
                         Presently R/at Balagere Village
                         Varthur Hobli, Bengaluru East Taluk
                         Bengaluru 560087

                   3.    Smt. Ashwathamma
                         W/o. M.R.Rajagopal Reddy
                         Aged about 59 years
                                  -2-
                                          NC: 2023:KHC:27723
                                            RFA No. 1552 of 2023




     R/at No.727, Marathahalli
     Near Tulasi Theater
     Bengaluru-560037

4.   The Tahsildar
     Bengaluru East Taluk
     K.R.Puram, Bengaluru 560036
                                                     ...Respondents
(By Sri. Vijaya Kumar K., Advocate, for C/R3)

      This RFA filed under Section 96 r/w Order 41 Rule 1 of
CPC against the judgment and decree dated 10.04.2023 passed
in OS No.315/2004 on the file of the IV Additional Senior Civil
Judge Bengaluru Rural District, Bengaluru dismissing the suit
for partition.

      This RFA, coming on for orders, this day, the court
delivered the following:

                         JUDGMENT

Learned counsel for caveator/respondent No.3 is

present.

2. Learned counsel for the appellant files a memo for

withdrawing the appeal with liberty to file the same before

the District Judge.

3. Submission of the learned counsel for the

appellant and memo are placed on record.

NC: 2023:KHC:27723 RFA No. 1552 of 2023

4. Appeal is dismissed as withdrawn, with liberty to

the appellant to file the same before the District Judge.

Appellant is entitled for the relief under section 14 of the

Limitation Act.

Office is directed to return the original documents to

the learned counsel for the appellant.

Sd/-

JUDGE

CKL