Lalitha Nayak vs Mamatha
2024 Latest Caselaw 26315 Kant

Karnataka High Court

Lalitha Nayak vs Mamatha on 5 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                              -1-
                                                          NC: 2024:KHC:44412
                                                       RFA No. 2377 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 5TH DAY OF NOVEMBER, 2024
                                           BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 2377 OF 2024 (PAR)


                   BETWEEN:

                   LALITHA NAYAK
                   W/O DEVANNA NAYAK
                   AGED ABOUT 69 YEARS,
                   MAMBETTU HOUSE,
                   BOMMARABETTU VILLAGE, HIRIYADKA,
                   UDUPI TALUK AND DISTRICT-576 113
                   REPRESENTED BY THE GPA HOLDER
                   SMT. KALAVATHI
                                                                ...APPELLANT
                   (BY SRI. NARAYANA BHAT M., ADVOCATE)

                   AND:

                   1.    MAMATHA
                         W/O LATE SATHISH NAYAK
                         HOUSE NO. 1-60,
Digitally signed         ALEVOOR KODI, ALEVOOR VILLAGE AND POST,
by NANDINI D             UDUPI TALUK AND DISTRICT-574 118
Location: High
Court of
Karnataka
                   2.    GENERAL MANAGER
                         "THE HEAD, QUESS DELIVERING GROWTH,
                         NO. 22, NEAR CLINICAL EMBRYOLOGY,
                         MAHE CAMPUS MADHAVANAGAR,
                         MANIPAL, UDUPI DISTRICT-576 104
                                                           ...RESPONDENTS
                        THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
                   AGAINST THE JUDGMENT AND DECREE DATED 24.04.2024
                   PASSED IN OS No.10/2021 ON THE FILE OF THE PRINCIPAL
                   SENIOR CIVIL JUDGE AND CJM, UDUPI, PARTLY DECREEING
                   THE SUIT FOR PARTITION.
                                -2-
                                             NC: 2024:KHC:44412
                                           RFA No. 2377 of 2024




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

CORAM:     HON'BLE MR JUSTICE K.NATARAJAN

                         ORAL JUDGMENT

Office has raised an objection regarding maintainability of

the appeal. Learned counsel submits that the value of the

share of the plaintiff comes below Rs.10.00 lakhs.

2. Learned counsel seeks permission to withdraw the

appeal and file the same before the appropriate forum.

3. Submission of the learned counsel is accepted.

4. Appeal is disposed of for statistical purposes.

5. Office is directed to return the appeal memo and

copies to file the same before the District Court.

Sd/-

(K.NATARAJAN) JUDGE

CHS