Manjunatha vs Padmavathi @ Padmamma
2024 Latest Caselaw 19301 Kant

Karnataka High Court

Manjunatha vs Padmavathi @ Padmamma on 1 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                              -1-
                                                          NC: 2024:KHC:30441
                                                         RFA No. 501 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF AUGUST, 2024

                                            BEFORE

                            THE HON'BLE MR JUSTICE V SRISHANANDA

                             REGULAR FIRST APPEAL NO.501 OF 2024

                   BETWEEN:

                   1.    MANJUNATHA,
                         S/O MURUDAPPA,
                         AGED ABOUT 69 YEARS,
                         R/O ANJANAIAH STREET, NAVULE,
                         SHIVAMOGGA CITY-577201.
                                                                 ...APPELLANT

                                 (BY SRI H.MALATESH, ADVOCATE)

                   AND:

                   1.     PADMAVATHI @ PADMAMMA.
                          DEAD BY LRS.

                   1(a) BHAGYA,
Digitally signed
by DEVIKA M             W/O RAMESH,
Location: HIGH          D/O PADMAVATHI @ PADMAMMA
COURT OF                AND MALLIKARJUNAPPA,
KARNATAKA               AGED ABOUT 38 YEARS,
                        HOUSE HOLD WORK,
                        R/O 1ST CROSS,
                        HOSAMANE EXTENSION,
                        SHIVAMOGGA CITY-577201.

                   1(b) KUSUMA,
                        W/O NAGESH,
                        D/O PADMAVATHI @ PADMAMMA
                        AND MALLIKARJUNAPPA,
                        AGED ABOUT 43 YEARS,
                        HOUSE HOLD WORK,
                        R/O NEW MANDI,
                        BESIDE PETROL BUNK,
                           -2-
                                      NC: 2024:KHC:30441
                                     RFA No. 501 of 2024




     GANDHARVA NAGARA,
     SHIVAMOGGA CITY-577201.

2.   SHARADAMMA,
     W/O PANDURANGA,
     AGED ABOUT 49 YEARS,
     R/O III CROSS, TANK MOHALLA,
     SHIVAMOGGA CITY-577201.

3.   LAKKAMMA,
     W/O SHIVANNA GOWDA,
     AGED ABOUT 51 YEARS,
     R/O DODDAKAPPALU,
     SALIGRAMA, MUNDUR TALUK,
     MYSURU DISTRICT-577 201.

4.   PREMA,
     W/O LATE RAJASHKHAR,
     AGED ABOUT 45 YEARS,
     R/O 4TH CROSS, BAPUJI NAGARA,
     SHIVAMOGGA CITY-577201.

5.   ANNAPPA, DEAD BY LRS.

5(a) SHIVU,
     S/O LATE ANNAPPA,
     AGED ABOUT 28 YEARS,
     R/O NAVULE VILLAGE.
     SY. NO.109/1,
     SHIVAMOGGA CITY-577201.

6.   SARASWATHI,
     W/O BABU,
     AGED ABOUT 42 YEARS,
     R/O GURUPURA VILLAGE,
     SHIVAMOGGA CITY-577201.

7.   KAMALAMMA,
     W/O MUTTU,
     AGED ABOUT 58 YEARS,
     HOUSEHOLD WORK,
     R/O PENSION MOHALLA, II CROSS
     SHIVAMOGGA CITY-5477201
                                          ...RESPONDENTS
                                 -3-
                                             NC: 2024:KHC:30441
                                           RFA No. 501 of 2024




     THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 28.07.2023 PASSED IN
O.S.NO.4/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SHIVAMOGGA, ALLOWING THE
PETITION FILED UNDER SECTION 278 OF INDIAN SUCCESSION
ACT.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA

                         ORAL JUDGMENT

Memo filed. Memo reads as under:

"The undersigned advocate for appellant submits that, the appellant may be permitted to withdraw above appeal with a liberty to convert above RFA into MFA, in the interest of justice."

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

withdrawn with liberty as prayed for. Further, the time spent in

this appeal shall be excluded for the purpose of computation of

limitation under Section 14 of the Limitation Act.

Sd/-

(V SRISHANANDA) JUDGE

MD