Sri Paramashivaiah vs Sri Basavaraja

Type Court Judgment Court Karnataka Decided Mar 27, 2024

~2 min read

https://sooperkanoon.com/case/1901500

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1901500
Court: Karnataka High Court
Judge: K.Natarajan
Decided On: Mar 27, 2024
Case Number: RFA/204/2016

Parties & Advocates

Appellant / Petitioner

Sri Paramashivaiah

Respondent

Sri Basavaraja

Excerpt

.....late veerabasavaiah aged about 42 years6. sri. ganesh s/o late veerabasavaiah aged about 30 years …appellants (by sri. bhanu prakash h v., advocate) and:1. sri. basavaraja s/o basappa @ patela basappa aged about 68 years -3-2. sri. shambanna @ shambu s/o basavaraja3. smt. dakshayini w/o basavanna aged about 50 years d.no.43, lalithadripura4. sri. shankara s/o madappa aged about 38 years r/at d.no.713 near bus stand5. the secretary karnataka rajya police noukarara gruha nirmana sahakara sangha no.444, ptc & k.a.r.t.layout ist main, 2nd cross, netaji nagara, mysuru. …respondents (by sri. n.kumar, adv. for r1 & r2 sri. mallanna.k. adv. for r3 sri. k.r.lingaraju, adv. for r4 sri. t.s. amar kumar adv. for r5) this rfa is filed under sec.96 r/w order xli rule1 of cpc.,1908 against the judgment and decree dated 18.12.2015 passed in os no.900/2005 on the file of the principal judge, small causes and senior civil judge, mysuru dismissing the suit for partition and separate possession. -4- this appeal coming on for orders, this day the court made the following:orderappellants' counsel is present and files a memo seeking withdrawal of the appeal as the appellants intend to file a regular appeal before the learned district judge.2. in view of memo filed, the appeal is dismissed as withdrawn with liberty to approach the district judge.3. office to send back the trial court records to the court concerned immediately. sd/- judge sk list no.: 1 sl no.: 10

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 204 OF 2016 (PAR) BETWEEN:
1. SRI PARAMASHIVAIAH
S/O CHENNABASAVAIAH AGED ABOUT 64 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) DOOR NO.335,OPPOSITE TO COCONUT FACTORY KRISHNA TEMPLE ROAD 2ND CROSS, BANNUR ROAD YERAGANAHALLY
2. LATE. SMT. MANGALAMMMA

W/O LATE BASAVA LINGAPPA REPRESENTED BY LRS: 2.a SRI. B. MALLESH Digitally AGED ABOUT 43 YEARS signed by SHAKAMBARI Location: 2.b SMT. NAGARATHNA HIGH COURT OF W/O LATE RAVI KARNATAKA 2.c MS. DAKSHAYINI D/O RAVI AGED ABOUT 35 YEARS 2.d SRI. PRABHU AGED ABOUT 32 YEARS ALL ARE R/O NO.6,4TH CROSS, -2- BASAVESHWARA TEMPLE ROAD RAJENDRANAGAR, MYSORE-7.

3. SMT. GOWRAMMA W/O NANJUNDAPPA AGED ABOUT 60 YEARS NO.86, 4TH CROSS, KESARE BELAVATHA GRAMA MYSORE.

4. SMT. GIRIJA W/O CHANDRASHEKHAR NO.310, NAGANAHALLY VILLAGE LALITHADRI POST

5. SRI. SHIVAKUMAR S/O. LATE VEERABASAVAIAH AGED ABOUT 42 YEARS

6. SRI. GANESH S/O LATE VEERABASAVAIAH AGED ABOUT 30 YEARS …APPELLANTS (BY SRI. BHANU PRAKASH H V., ADVOCATE) AND:

1. SRI. BASAVARAJA S/O BASAPPA @ PATELA BASAPPA AGED ABOUT 68 YEARS -3-

2. SRI. SHAMBANNA @ SHAMBU S/O BASAVARAJA

3. SMT. DAKSHAYINI W/O BASAVANNA AGED ABOUT 50 YEARS D.NO.43, LALITHADRIPURA

4. SRI. SHANKARA S/O MADAPPA AGED ABOUT 38 YEARS R/AT D.NO.713 NEAR BUS STAND

5. THE SECRETARY KARNATAKA RAJYA POLICE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NO.444, PTC & K.A.R.T.LAYOUT IST MAIN, 2ND CROSS, NETAJI NAGARA, MYSURU. …RESPONDENTS (BY SRI. N.KUMAR, ADV. FOR R1 & R2 SRI. MALLANNA.K. ADV. FOR R3 SRI. K.R.LINGARAJU, ADV. FOR R4 SRI. T.S. AMAR KUMAR ADV. FOR R5) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE

1 OF CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 18.12.2015 PASSED IN OS NO.900/2005 ON THE FILE OF THE PRINCIPAL JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. -4- THIS APPEAL COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

Appellants' counsel is present and files a memo seeking withdrawal of the appeal as the appellants intend to file a Regular Appeal before the learned District Judge.

2. In view of memo filed, the appeal is dismissed as withdrawn with liberty to approach the District Judge.

3. Office to send back the trial Court records to the Court concerned immediately. Sd/- JUDGE SK List No.: 1 Sl No.: 10

Same Court & Year Karnataka · 2024 Same Parties Sri Paramashivaiah vs Sri Basavaraja Same Judge K.Natarajan