Sri N Narayanaswamy vs Sri Avinash
2023 Latest Caselaw 5684 Kant

                                           -1-
                                                     NC: 2023:KHC:29139
                                                    RFA No. 851 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 17TH DAY OF AUGUST, 2023

                                        BEFORE
                         THE HON'BLE MR JUSTICE K.NATARAJAN
                     REGULAR FIRST APPEAL NO. 851 OF 2023 (PAR)
               BETWEEN:

               1.    SRI. N. NARAYANASWAMY,
                     S/O NARAYANAGOWDA,
                     AGED ABOUT 55 YEARS,
                     AGRICULTURIST.

               2.    SRI. PRAVEEN KUMAR C.N.,
                     S/O N. NARAYANASWAMY,
                     AGED ABOUT 27 YEARS.

               3.    MS. CHITHRA C.N.,
                     D/O N. NARAYANASWAMY,
                     AGED ABOUT 24 YEARS.

                     ALL ARE R/AT
                     CHANDRASHEKARAPURA VILLAGE,
                     VEMAGAL HOBLI,
Digitally            KURAGAL POST,
signed by C
SOWMYA               KOLAR TALUK - 563 101.
Location:                                                 ...APPELLANTS
High Court
of Karnataka
               (BY SRI. M SHIVAPRAKASH, ADVOCATE)

               AND:

               SRI. AVINASH,
               S/O N. NARAYANASWAMY,
               AGED ABOUT 29 YEARS,
               R/AT CHANDRASHEKARAPURA
               VILLAGE, VEMAGAL HOBLI,
               KOLAR TALUK - 563 101.
                                                         ...RESPONDENT
                              -2-
                                           NC: 2023:KHC:29139
                                          RFA No. 851 of 2023




     THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
24.02.2023 PASSED IN OS NO.55/2018 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR DECREEING
THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

                         JUDGMENT

Office has raised an objection regarding the

maintainability of the appeal since the value of the

property is less than Rs.10,00,000/-.

2. Learned counsel for the appellants files memo

seeking permission of this Court to withdraw the appeal

with liberty to file the appeal before the District Judge.

3. The memo and said submission of the learned

counsel for the appellants is taken on record.

Hence, the appeal is dismissed as withdrawn with

liberty to file the same before the District Judge.

However, the appellants are entitled for the remedy

under Section 14 of the Limitation Act.

NC: 2023:KHC:29139 RFA No. 851 of 2023

Office is directed to return the documents to the

learned counsel for the appellants.

In view of the dismissal of the main appeal,

I.A.No.1/2023, does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

SMC

CT:SNN