Sri B Maheshwari vs Smt Sheshalatha @ Nasareen Jadabaee
2024 Latest Caselaw 19910 Kant

Karnataka High Court

Sri B Maheshwari vs Smt Sheshalatha @ Nasareen Jadabaee on 7 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                     NC: 2024:KHC:31822
                                                  RFA No. 2232 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 7TH DAY OF AUGUST, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
             REGULAR FIRST APPEAL NO. 2232 OF 2023 (PAR/INJ)
            BETWEEN:

                  SRI. B. MAHESHWARI,
                  AGED ABOUT 63 YEARS,
                  W/O SRI. K. BOOPATHY,
                  R/AT NO.1019, 24TH MAIN,
                  HSR LAYOUT, 1ST SECTOR,
                  BANGALORE - 560 102.
                                                           ...APPELLANT
            (BY SRI. KRISHNA S. VYAS, ADVOCATE)

            AND:

            1.    SMT. SHESHALATHA @ NASAREEN JADABAEE,
                  AGED ABOUT 67 YEARS,
                  W/O SYED HESMATHULLA JADABAEE,
Digitally         R/AT NO.77, 8TH CROSS,
signed by         WILSON GARDEN, BANGALORE - 560 027.
MALATESH
KC
Location:         SMT. C.M. LALITHAKUMARI,
HIGH
COURT OF          W/O LATE SRI. C. MAHADEVARAO NAIDU,
KARNATAKA
                  R/AT NO.77, 8TH CROSS,
                  WILSON GARDEN, BANGALORE - 560 027.
                  DIED ON 17-04-2021,
                  BY LEAVING HER LRS APPELLANT,
                  RESPONDENT NO.1 AND 2.

            2.    SRI. C.M. JITENDRA KUMAR,
                  S/O LATE C.M. MAHADEVARAO NAIDU,
                                -2-
                                             NC: 2024:KHC:31822
                                          RFA No. 2232 of 2023




   AGED ABOUT 61 YEARS,
   NO.30, 1ST MAIN, 2ND CROSS,
   SHAKTHINAGAR, HORAMAVU,
   KALYANAGAR, BENGALURU - 560 043.
                                                 ...RESPONDENTS
      THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 26.08.2023
PASSED ON IA NO. IV IN OS.NO.2829/2020 ON THE FILE OF
THE C/c. XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, ALLOWING THE IA NO. IV FILED UNDER ORDER
VII RULE 11(d) OF CPC FOR REJECTION OF PLAINT.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:   HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

Sri.Krishna S. Vyas, learned counsel for the appellant

has filed a memo on 07.08.2024. The memo reads as

under:

"The appellant most respectfully submits that as during the date of filling of the instant suit under appeal her mother was alive but in a misconcerived manner the suit under appeal was preferred. However during the pendency of the suit mother of the appellant had already demised. However the said aspect had not been observed by the learned trial court. In the said backdrop the appellant pleads leave of this Hon'ble Court to withdraw the instant appeal to prefer appropriate suit for partition in the light of the subsequent cause of action in then the interest of justice and equity."

NC: 2024:KHC:31822

2. Memo is taken on record.

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

with liberty as prayed for.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK