G B Rukmangada vs Prabhamani
2025 Latest Caselaw 8359 Kant

Karnataka High Court

G B Rukmangada vs Prabhamani on 12 September, 2025

                                                   -1-
                                                               NC: 2025:KHC:36408
                                                            RFA No. 2123 of 2025


                       HC-KAR



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 12TH DAY OF SEPTEMBER, 2025

                                                 BEFORE

                                 THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

                                REGULAR FIRST APPEAL NO.2123 OF 2025 (PAR)

                      BETWEEN:

                      G.B. RUKMANGADA
                      S/O BASAVARAJU,
                      AGED ABOUT 53 YEARS,
                      R/AT GANGANAGHATTA VILLAGE,
                      NONAVINAKERE HOBLI,
                      TIPTUR TALUK
                      TUMKUR DISTRICT-572201.
                                                                      ...APPELLANT

                      (BY SRI PRASANNA D.P., ADVOCATE)

                      AND:

                      1.   PRABHAMANI
                           D/O BASAVARAJU,
                           W/O M.S.MOHAN KUMAR,
Digitally signed by        AGED ABOUT 49 YEARS,
MAHALAKSHMI B M            R/O. G. MALLENAHALLY VILLAGE,
Location: HIGH             NONAVINAKERE HOBLI,
COURT OF                   TIPTUR TALUK-572201
KARNATAKA                  TUMKUR DISTRICT.

                      2.   BASAVARAJA
                           S/O LATE NANJEGOWDA
                           AGED ABOUT 79 YEARS,
                           R/AT GANGANAGHATTA VILLAGE,
                           NONAVINAKERE HOBLI,
                           TIPTUR TALUK,
                           TUMKUR DISTRICT-572201.

                      3.   G.B. PUSHPAVATHI
                           D/O BASAVARAJU,
                           W/O JANARDHANA,
                               -2-
                                            NC: 2025:KHC:36408
                                         RFA No. 2123 of 2025


 HC-KAR



     AGED ABOUT 51 YEARS,
     R/AT NERALAKERE VILLAGE,
     NUGGEHALLI HOBLI,
     CHANNARAYAPATNA TALUK,
     HASSAN DISTRICT-573116.

4.   G.B. SHARAVATHI
     D/O BASAVARAJU
     W/O DORESWAMY,
     AGED ABOUT 47 YEARS,
     R/AT DASARIGHATTA VILLAGE,
     NONAVINAKERE HOBLI,
     TIPTUR TALUK-572201
     TUMKUR DISTRICT.
                                                 ...RESPONDENTS


      THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 02.06.2025 PASSED IN
O.S.NO.95/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, TIPTUR, DECREEING THE SUIT FOR PARTITION.

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

CORAM:    HON'BLE MRS. JUSTICE K.S. HEMALEKHA


                      ORAL JUDGMENT

Learned counsel for the appellant files memo, which

reads as under:

"The Appellant above named pray that, this Hon'ble court be pleased to permit the appellant to withdraw the appeal with liberty to file on appeal before the District Court/Jurisdictional Court, Since the above appeal is not maintainable before this Hon'ble Court, hence kindly extend the limitation

NC: 2025:KHC:36408

HC-KAR

benefits and direct the office to return the certified copies, in the interest of justice and equity."

2. Memo is taken on record.

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

withdrawn with liberty as prayed for.

4. Liberty is reserved to the appellant to seek

exclusion of time under Section 14 of the Limitation Act,

1963 in accordance with law.

Registry to return back the certified copies.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

AT