Nithyananda vs Smt. Surekha Shetty
2024 Latest Caselaw 24794 Kant

Karnataka High Court

Nithyananda vs Smt. Surekha Shetty on 1 October, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                   NC: 2024:KHC:41062
                                                RFA No. 2250 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF OCTOBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               REGULAR FIRST APPEAL NO. 2250 OF 2024 (DEC)
            BETWEEN:

            NITHYANANDA,
            S/O GANESH ACHARYA,
            AGED ABOUT 38 YEARS
            RESIDING AT NO. 174,
            KALMADI ROAD, KOTATHATTU VILLAGE,
            KUNDAPURA TLAUK,
            UDUPI DISTRICT - 571 401.
                                                         ...APPELLANT
            (BY SRI. K. VISHWANATH, ADVOCATE FOR
                SRI. HEGDE V.S, ADVOCATE)

            AND:

            SMT. SUREKHA SHETTY,
Digitally   ALLEGED W/O NITHYANANDA,
signed by   AGED ABOUT 42 YEARS,
MALATESH
KC          R/AT NO. 1507, 4TH CROSS,
Location:   WEST OF CHORD ROAD,
HIGH        MAHALAKSHMIPURANI,
COURT OF
KARNATAKA   BANGALORE - 560 010.
                                                       ...RESPONDENT


                   THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
            1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
            10.01.2024 PASSED IN OS NO.287/2016 ON THE FILE OF VI
                                 -2-
                                             NC: 2024:KHC:41062
                                          RFA No. 2250 of 2024




ADDITIONAL      PRL.   JUDGE,   FAMILY    COURT     BENGALURU.,
DISMISSING THE SUIT FOR DECLARATION.

     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 appellant has filed a memo,

which reads as under:

"The appellant prays that this Hon'ble Court be pleased to order to return the judgment and decree to file Miscellaneous First Appeal before the appropriate Court in the above Court, in the interest of justice and equity."

2. In view of the memo, the appellant is permitted

to withdraw the appeal, with liberty to file appropriate

appeal in accordance with law.

3. It is made clear that the time spent in this

appeal shall be excluded for the purpose of computation of

limitation as is contemplated under Section 14 of the

Limitation Act.

NC: 2024:KHC:41062

4. Office is directed to return the certified copy of

the judgment and decree after retaining the photocopy.

Sd/-

(V SRISHANANDA) JUDGE

SNC

CT: BHK