Parvathamma vs Chandramma @ Chanrakala
2024 Latest Caselaw 1088 Kant

Karnataka High Court

Parvathamma vs Chandramma @ Chanrakala on 11 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                          NC: 2024:KHC:1439
                                                        RFA No. 895 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                               BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 895 OF 2023 (PAR)
                   BETWEEN:

                   PARVATHAMMA
                   D/O LATE KARIYANNA
                   W/O NATARAJU
                   AGED ABOUT 58 YEARS
                   R/AT RANGENAHALLI VILLAGE
                   HANDANAKERE HOBLI
                   CHIKKANAYAKANAHALLI TALUK
                   TUMAKURU 572214
                                                               ...APPELLANT
                   (BY SRI. NARAYANA RAO H R., ADVOCATE [ABSENT])

                   AND:

                   1.    CHANDRAMMA @ CHANDRAKALA
                         W/O THIMAMMA
Digitally signed         D/O K SIDDAPPA
by                       AGED ABOUT 38 YEARS
DHANALAKSHMI
MURTHY                   R/AT KUNAGATANAHALLI VILLAGE
Location: High           BUKKAPATNA HOBLI
Court of                 SIRA TALUK, TUMAKURU 572115.
Karnataka

                   2.    K SIDDAPPA
                         S/O LATE KARIYANNA
                         AGED ABOUT 68 YEARS
                         R/AT KOLALAKUNTE VILLAGE
                         KORA HOBLI, TUMAKURU TALUK
                         TUMAKURU 572128.

                   3.    KARIBASAVAIAH
                         S/O LATE KARIYANNA,
                           -2-
                                         NC: 2024:KHC:1439
                                     RFA No. 895 of 2023




     AGED ABOUT 50 YEARS
     R/AT KOLALAKUNTE VILLAGE
     KORA HOBLI, TUMAKURU TALUK
     TUMAKURU 572128.

4.   KIADB OFFICER
     COMMISSIONER BESIDE SIT
     B H ROAD TUMAKURU
                                          ...RESPONDENTS
      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 07.01.2023 PASSED IN
OS No.576/15 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, TUMAKURU, DECREEING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

1. The learned counsel for the appellant has filed a

memo dated 11.1.2024 stating that the appellant

seeks permission of this Court to withdraw the appeal

with liberty to approach the appropriate legal forum.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn with liberty to the appellant to approach

the appropriate legal forum.

NC: 2024:KHC:1439

4. Registry is directed to return the certified copies

of the judgment and other documents to the appellant

after retaining the Photostat copies of the same.

Sd/-

JUDGE

DM