Shri.Prakash S/O Anantrao Nikham vs Shri.Kiran S/O Anantrao Nikham
2024 Latest Caselaw 3725 Kant

Karnataka High Court

Shri.Prakash S/O Anantrao Nikham vs Shri.Kiran S/O Anantrao Nikham on 7 February, 2024

                                              -1-
                                                NC: 2024:KHC-D:2743-DB
                                                     RFA No. 100348 of 2019




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 7TH DAY OF FEBRUARY, 2024

                                           PRESENT
                          THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                             AND
                            THE HON'BLE MR JUSTICE RAJESH RAI K
                   REGULAR FIRST APPEAL NO. 100348 OF 2019 (PAR/POS)
                   BETWEEN:

                   SHRI.PRAKASH S/O. ANANTRAO NIKHAM
                   AGE: 63 YEARS OCCUPATION: BUSINESS
                   R/O: #1343 RAMLINGKHIND GALLI
                   BELAGAVI-590001
                                                               ...APPELLANT

                   (BY SRI. SHREEVATSA S. HEGDE, ADVOCATE)

                   AND:

                   SHRI.KIRAN S/O. ANANTRAO NIKHAM
                   AGE:66 YEARS OCCUPATION: RETIRED
                   R/O: 1343, RAMLINGKHIND GALLI, BELAGAVI,
Digitally signed   NOW AT R/O: C7/404, VEDANT CHS LTD,
by SHIVAKUMAR      VARTAK ANGAR, THANE, MAUMBAI-400606
HIREMATH
Date: 2024.02.12
                                                              ...RESPONDENT
17:19:10 +0530
                   (BY SRI. VITTHAL S. TELI, ADVOCATE)

                        THIS REGULAR FIRST APPEAL RFA FILED UNDER
                   SECTION 96 R/W ORDER 41 RULE 1 OF CPC., 1908, PRAYING
                   TO    SET   ASIDE    THE    JUDGMENT    AND    DECREE
                   DATED.08.02.2019 PASSED IN O.S.NO.70/2016 ON THE FILE
                   OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
                   MAGISTRATE, BELAGAVI.

                        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
                   DAY, ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
                                 -2-
                                   NC: 2024:KHC-D:2743-DB
                                        RFA No. 100348 of 2019




                             ORDER

Learned counsel for the appellant after arguing the

matter for some time, filed a memo seeking leave of this Court

to withdraw the appeal with a liberty to raise an issue regarding

the equitable partition in the F.D.P.

Memo is placed on record.

Appeal is dismissed as withdrawn with aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

PJ