Sri Gopal B vs Sri Muniyappa
2024 Latest Caselaw 19447 Kant

Karnataka High Court

Sri Gopal B vs Sri Muniyappa on 2 August, 2024

Author: V Srishananda

Bench: V Srishananda

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                                                   NC: 2024:KHC:30674
                                                 RFA No. 1826 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF AUGUST, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
             REGULAR FIRST APPEAL NO. 1826 OF 2024 (PAR/POS)
            BETWEEN:

            1.    SRI GOPAL B
                  AGED ABOUT 35 YEARS,
                  S/O BIRESHAPPA

            2.    SRI. HARISH B
                  AGED ABOUT 31 YEARS,
                  S/O BIRESHAPPA

            3.    SRI. SIDDESH B
                  AGED ABOUT 23 YEARS,
                  S/O BIRESHAPPA

                  ALL ARE R/AT SHAKTHI NAGAR,
                  PATALAMMA EXTENSION,
                  MALUR TOWN, MALUR TOWN,
                  KOLAR DISTRICT 563 130
Digitally
signed by                                               ...APPELLANTS
KIRAN
KUMAR R     (BY SRI. PALANIMUTHU K., ADVOCATE)
Location:
HIGH
COURT OF    AND:
KARNATAKA

            1.    SRI MUNIYAPPA
                  AGED ABOUT 81 YEARS,
                  S/O LATE SHIVALAPPA

            2.    SRI. BIRESHAPPA
                  AGED ABOUT 59 YEARS,
                  S/O LATE SHIVALAPPA

            3.    SMT. SHARADAMMA
                  AGED ABOUT 59 YEARS,
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                                     NC: 2024:KHC:30674
                                   RFA No. 1826 of 2024




     D/O MUNIYAPPA

4.   SRI. SHANKARAPPA
     AGED ABOUT 57 YEARS,
     S/O MUNIYAPPA

5.   SMT. KANTHAMMA
     AGED ABOUT 55 YEARS,
     D/O MUNIYAPPA

6.   SMT. PILLAMMA
     AGED ABOUT 53 YEARS,
     D/O MUNIYAPPA

7.   SRI. MAREGOWDA
     AGED ABOUT 51 YEARS,
     S/O MUNIYAPPA

8.   SRI. KRISHNAMURTHY
     AGED ABOUT 49 YEARS,
     S/O MUNIYAPPA

9.   SRI. SIDDESH
     AGED ABOUT 47 YEARS,
     S/O MUNIYAPPA

10. SMT. PILLAMMA
    AGED ABOUT 45 YEARS,
    D/O MUNIYAPPA

     ALL ARE CHILDREN'S OF MUNIYAPPA
     AND ALL THE RESPONDENTS ABOVE ARE
     R/AT HALKURU VILLAGE,
     KASABA HOBLI, MALUR TALUK,
     KOLAR DISTRICT 563 130.
                                         ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE ORDER DATED 23.04.2024 PASSED ON IA NO.3
IN OS NO.248/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, MALUR., ALLOWING THE IA NO.3 FILED UNDER ORDER 7
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                                                  NC: 2024:KHC:30674
                                                RFA No. 1826 of 2024




RULE 11(a) and (d) READ WITH SECTION 151 OF CPC., FOR
REJECTION OF PLAINT.

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

CORAM:      HON'BLE MR JUSTICE V SRISHANANDA

                             ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

on 02.08.2024. The memo reads as under:

"In view of the above appeal has not maintainable as per section 19(1) of the Civil Court Act. Hence the appellants most respectfully prays that this Hon'ble court may be pleased permit the appellants to withdraw the appeal and liberty to file a RA before the district court, in the interest of justice and equity."

2. Memo is taken on record.

3. In view of the memo, the appeal is ordered to

be returned for presentation before the appropriate Court,

after making necessary entries in the registers.

Sd/-

(V SRISHANANDA) JUDGE