Karnataka High Court
Amruth Rao vs Rani And Ors on 17 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:5504-DB
RFA No. 200056 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO.200056 OF 2019 (PAR/POS)
BETWEEN:
AMRUTH RAO S/O LATE GUNDAPPA,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O SITALGERA, TQ. HUMNABAD,
DIST. BIDAR-585 401.
...APPELLANT
Digitally signed
(BY SRI. UMESH T. RATHOD, ADVOCATE)
by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH
COURT OF
AND:
KARNATAKA
1. RANI W/O LATE SRINIVAS,
AGED ABOUT 39 YEARS, OCC: HOUSE WIFE,
R/O. RAMPURE COLONY, BIDAR-585 401.
2. KUMARI BHAKTI D/O LATE SRINIVAS,
AGED ABOUT 12 YEARS, OCC: STUDENT,
UNDER THE GUARDIANSHIP OF 1ST RESPONDENT
HER MOTHER.
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RFA No. 200056 of 2019
HC-KAR
3. BASAVARAJ S/O LATE GUNDAPPA,
AGED ABOUT 58 YEARS, OCC: AGRICULTURE,
R/O SITALGERA, TQ: HUMNABAD,
NOW RESIDING AT H.NO.15-2-340, SBI COLONY,
KUMBARWADA, DIST. BIDAR-585 401.
4. VITHALRAO S/O LATE GUNDAPPA,
AGED ABOUT 54 YEARS, OCC: AGRICULTURE,
R/O SITALGERA, TQ. HUMNABAD,
DIST. BIDAR-585 401.
5. MALLIKARJUN S/O LATE GUNDAPPA,
AGED ABOUT 48 YEARS, OCC: AGRICULTURE,
R/O SITALGERA, TQ. HUMNABAD,
DIST. BIDAR-585 401.
6. SHIVAPUTRA S/O LATE GUNDAPPA,
AGED ABOUT 47 YEARS, OCC: AGRICULTURE,
R/O SITALGERA, TQ. HUMNABAD,
DIST. BIDAR-585 401.
7. SRIMANTH S/O LATE GUNDAPPA,
AGED ABOUT 45 YEARS, OCC: AGRICULTURE,
R/O. SITALGERA, TQ. HUMNABAD,
NOW RESIDING AT H.NO. 5-2-493/1,
RAMPURE COLONY, DIST. BIDAR-585 401.
8. SRIKANTH S/O LATE GUNDAPPA,
AGED ABOUT 45 YEARS, OCC: AGRICULTURE,
R/O. SITALGERA, TQ. HUMNABAD,
NOW RESIDING AT H.NO. 27-1-13, SINGH NIVAS,
NEAR PAAP NASH GATE, BIDAR-585 401.
9. LALITHABAI W/O SHIVARAY DENGE,
AGED ABOUT 76 YEARS, OCC: HOUSEWIFE,
R/O. CHIMMA IDLAI, TQ. CHINCHOLI,
DIST. KALABURAGI-585 102.
10. BHARATBAI W/O KASHINATH BHORGUNDA,
AGED ABOUT 71 YEARS, OCC: HOUSEWIFE,
R/O. ALIAMBAR, TQ. AND DIST. BIDAR-585 401.
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RFA No. 200056 of 2019
HC-KAR
11. UMADEVI W/O JAGADISH,
AGED ABOUT 49 YEARS, OCC: HOUSEWIFE,
R/O. BIJAPUR, NOW RESIDING NEAR GOPI HOTEL,
OLD HYDERABAD (T.S.)-500 002.
...RESPONDENTS
(R3 TO R6, R8 TO R10 ARE SERVED;
R12 IS MINOR REPRESENTED BY BY R1)
THIS RFA IS FILED U/O 43 RULE 1 OF CODE OF CIVIL
PROCEDURE, PRAYING TO ALLOW THE PRESENT APPEAL AND
SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.
No.61/2013 PASSED BY THE ADDITIONAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE, BIDAR DATED
02.12.2016 AND DISMISS THE SUIT OF THE PLAINTIFF.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
The learned counsel for the appellant files memo
seeking leave of the Court to withdraw the appeal with a
liberty to challenge the both judgment and decree
(ex-parte decree) by filing an application under Order 9
Rule 13 of CPC. The memo is taken on record.
NC: 2025:KHC-K:5504-DB
HC-KAR
2. In view of memo, permitted to withdraw as
liberty sought. However, a prayer is sought to direct the
trial Court shall not insist to file an application under
Section 5 of the Limitation Act, and the said prayer cannot
be considered by this Court since the very appeal filed
before this Court with the delay and also if any application
is filed, the same shall be considered in accordance with
law by the trial Court.
The appeal is dismissed as withdrawn.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
SMP
CT: AK
