Sri N Parthasarathy vs Smt Sundari Subramanian
2023 Latest Caselaw 5696 Kant

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                                                            NC: 2023:KHC:29493
                                                          RSA No. 1321 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF AUGUST, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1321 OF 2022 (PAR)

                   BETWEEN:

                   1.    SRI N. PARTHASARATHY
                         S/O LATE P. NARAYANAN,
                         AGED ABOUT 71 YEARS
                         R/AT NO. C6, ANANDAM FLATS,
                         NO.30, LANDONS ROAD, KILLPAUK,
                         CHENNAI-600 010.
                                                           ...APPELLANT
                                 (BY SRI UMESHA R., ADVOCATE)
                   AND:

                   1.    SMT. SUNDARI SUBRAMANIAN
                         W/O N. SUBRAMANIAN
                         AGED ABOUT 82 YEARS
Digitally signed         R/AT NO.8/1, TMPLE ROAD,
by SHARANYA T            JAYALAKSHMIPURAM,
Location: HIGH
COURT OF                 MYSORE.
KARNATAKA
                   2.    N. PADMANABHAN
                         S/O LATE P. NARAYANA
                         AGED ABOUT 76 YEARS
                         R/AT NO.45, 5TH TRUST
                         CROSS STREET, MANDAVALLI
                         CHENNAI-28
                                                              ...RESPONDENTS
                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 27.06.2022
                   PASSED IN R.A.NO.315/2020 ON THE FILE OF THE II
                   ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU,
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                                            NC: 2023:KHC:29493
                                          RSA No. 1321 of 2022




ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 29.05.2020 PASSED IN O.S.NO.923/2015
ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE,
MYSURU.

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


                           JUDGMENT

Learned counsel for appellant has filed a memo seeking

permission to withdraw this R.S.A and appellant intend to file

miscellaneous second appeal and hence, permitted to withdraw

the present appeal with liberty to file appropriate miscellaneous

second appeal and in the memo it is urged with regard to the

limitation issue is concerned and same can be urged in the said

Court regarding pendency of this R.S.A.

2. Hence the counsel is permitted to withdraw the

present appeal with liberty as sought. The R.S.A is disposed for

the statistical purpose.

3. The Registry is directed to return the certified

copies to the counsel for appellant.

Sd/-

JUDGE RHS