R Sridhara Dead By Lr'S vs Smt Sowbhagya
2023 Latest Caselaw 7420 Kant

                                           -1-
                                                     NC: 2023:KHC:38594
                                                   RFA No. 1573 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                  REGULAR FIRST APPEAL NO. 1573 OF 2023 (PAR)


            BETWEEN:

                  R. SRIDHARA DEAD BY LR'S

            1.    SMT. VIJAYA,
                  W/O. LATE R. SRIDHARA,
                  AGED ABOUT 54 YEARS,

            2.    NITHIN,
                  S/O. LATE R. SRIDHARA,
                  AGED ABOUT 28 YEARS,

                  BOTH ARE R/AT,
                  S.P. DESIGNS VIJAYALAKSHMI LAYOUT,
                  EMBROIDARY FACTORY BUILDING,
Digitally
signed by         MISANDRA, NEAR ASARSHIN PETROL BUNK,
VANDANA S
                  BANGALORE - 560 068.
Location:
HIGH                                                      ...APPELLANTS
COURT OF
KARNATAKA   (BY SRI. GIRISH B. BALADARE, ADVOCATE)

            AND:

            1.    SMT. SOWBHAGYA,
                  W/O. LATE NAGRAJAN,
                  AGED ABOUT 56 YEARS,
                  R/O "AMMA NILAYA", 3RD MAIN,
                  10 THE CROSS, HEMAVATHI NAGAR,
                  HASSAN - 573 201.
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                                          NC: 2023:KHC:38594
                                    RFA No. 1573 of 2023




2.   SMT. SUJATHA,
     W/O. SURESH,
     AGED ABOUT 54 YEARS,
     R/O CHANNAKESHAVA BAKERY,
     SHANKAREGOWDA APARTMENT,
     BALLARI CIRCLE,
     HOSPETE - 583 201.

3.   SMT. PARAMEELA,
     W/O. PRAKASH,
     AGED ABOUT 50 YEARS,
     R/O RANGANATHA NILAYA,
     GUDDENAHALLI KOPPALU,
     OPPOSITE MATCH FACTORY,
     BELUR ROAD,
     HASSAN - 573 201.

4.   SMT. SHOBHA @ DAKSHYAINI,
     W/O. NATARAJAN,
     AGED ABOUT 46 YEARS,
     R/O YADAKERI VILLAGE,
     YASALUR HOBLI,
     SAKALESHPURA TALUK,
     HASSAN DISTRICT - 573 201.

5.   RAMAKRISHNEGOWDA,
     S/O. LATE THIMMEGOWDA,
     AGED ABOUT 82 YEARS,
     R/O JANIVARA, KUPPALLI,
     KASABA HOBLI,
     HASSAN TALUK & DISTRICT - 573 201.
                                             ...RESPONDENTS


      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
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                                                     NC: 2023:KHC:38594
                                                RFA No. 1573 of 2023




21.06.2023 PASSED IN OS No. 109/2017 ON THE FILE OF THE
ADDITIONAL       SENIOR       CIVIL     JUDGE,       HASSAN,        PARTLY
DECREEING     THE      SUIT    FOR      PARTITION         AND   SEPARATE
POSSESSION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

Memo for withdrawal filed on 31.10.2023 reads as under:

"The under signed council appearing for Appellant herewith submits that, due to oversight the above appeal is filed before this Hon'ble court through the value of the appeal is not exceed more than 10,00,000/-, office had raise the objection regard the maintainability, in view of the same permits to the appellant to withdraw the appeal by granting reserving liberty to file a Regular appeal before the District Court and also by extending the benefit availed under the section 14 of the limitation act, this hon'ble may be pleased to permit the appellant to withdraw the above appeal as not pressed and permit the appellant to file before the proper court having jurisdiction, and order to be return the original certified copy of the judgment and decree to enable the appellants to file an appeal before the proper court, in interest of justice and equity."

2. The memo is placed on record.

NC: 2023:KHC:38594 RFA No. 1573 of 2023

3. In view of the memo, the appeal is dismissed as

withdrawn reserving liberty in favour of the appellants to file an

appropriate appeal before the jurisdictional Appellate Court.

4. If such an appeal is preferred within a period of six

weeks from today, the appellant would be entitled to the

benefit of Section 14 of the Limitation Act, 1963.

5. Registry to return all the papers back to the

appellants forthwith without any delay.

Sd/-

JUDGE

MH/-