Sri. Chandrakanth Shet vs Sri. Shivaprasad Kotian on 16 July, 2012

[Cites 1, Cited by 0]

Karnataka High Court

Sri. Chandrakanth Shet vs Sri. Shivaprasad Kotian on 16 July, 2012

Bench: A S Bopanna

                              1

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 16TH DAY OF JULY 2012

                        BEFORE

          THE HON'BLE MR. JUSTICE A S BOPANNA

           REGULAR FIRST APPEAL NO.1067/2012

BETWEEN:

SRI CHANDRAKANTH SHET
S/O. LATE SRI KRISHNA SHET,
AGED ABOUT 67 YEARS
DOOR NO.5-6/584/3,
BHAGAVATHINAGAR,
VIA BHOJARAO ROAD LANE,
KODIYALBAIL,
MANGALORE-575 001
                                         ...APPELLANT

(BY SRI A.KESHAVA BHAT, ADV)

AND:

1.     SRI SHIVAPRASAD
       KOTIAN
       S/O. LATE GIRI,
       AGED ABOUT 38 YEARS,

2.     MR MANOJ KUMAR,
       S/O. LATE GIRI,
       AGED ABOUT 37 YEARS
                            2

3.   MR LATHISH KUAMR
     S/O. LATE GIRI,
     AGED ABOUT 38 YEARS

     RESPONDENS 1 TO 3 ARE
     RESIDING AT VAILANKANI,
     COMPOUND, RAIKATTE ROAD,
     KULUR,
     MANGALORE - 575 001

4.   CHAMPA B SUVARNA,
     W/O. LATE BABU D.SUVARNA,
     MAJOR
     RESIDING AT SUMEET SADAN,
     C/201, BHAGOJIKWEER MARG,
     MAHIN,
     MUMBAI - 400 098

5.   SMT SHAKEELA
     W/O. SRI SHARATH HOIGE BAIL,
     MAJOR
     RESDIENT OF FLAT NO.104,
     SAHARA RESIDENCY,
     BEHIND CRYSTAL ARC
     BUILDING,
     BALMATTA ROAD,
     MANGALORE - 575 001

6.   SMT BABITHA.D SUVARNA,
     MAJOR

7.   MR NISHITH D.SUVARNA,
     MAJOR

8.   MRS. MAMATHA.D SUVARNA
     MAJOR,
                            3

9.    MR.DHIRAJ D.SUVARNA,
      MAJOR

      RESPONDENTS 6 TO 9 ARE THE
      CHILDREN OF LATE JAYANTHI D.SUVARNA,
      ALL ARE R/A SUMMET SADAN,
      C-201, BHAGOJIKWEER MARG,
      MAHIN,
      MUMBAI - 400 048

10.   SRI SRINIVAS,
      S/O. SRI KANTHAPPA,
      MAJOR,
      R/A BHAGAVATHI NIVASA,
      19-16/5, ARANTHABETTU,
      BEHIND NITK P.G.HOSTEL,
      SURATHKAL,
      MANGALORE-575 001

11.   SRI VALERIAN D'SOUZA,
      S/O. LATE SRI M.M.D'SOUZA
      AGED ABOUT 43 YEARS
      ROSHAN NILAYA,
      R/A VANTHOTA ROAD,
      SOMESHWARA VILLAGE,
      MANGALORE TALUK-575 001

12.   SRI S.GUNASHEKARAN,
      S/O. LATE SINNA SUBBAIAH,
      AGED ABOUT 56 YEARS,
      R/A 3RD CROSS,
      DOOR NO.24-2-165/2,
      ATTAVARA VILLAGE,
      MANGALORE - 1
                                    4

13.   SRI S.S.SHEKAR,
      S/O. SRI.CHOWDAIAH,
      AGED ABUOT 47 YEARS,
      R/A VENKATESHWARA NIVAS,
      NEAR HEGDE STORES,
      JAYANAGAR,
      ASHOKNAGAR POST,
      KODICAL,
      MANGALORE-6
                                                  ... RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULES 1 TO 5 OF THE CPC, AGAINST THE
JUDGMENT AND DECREE DATED 21.03.2012 PASSED IN
O.S.NO.63/2009 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, MANGALORE, D.K. DECREEING THE SUIT FOR
PARTITION.

    THIS RFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

In view of the observations made by the office, learned counsel for the appellant seeks leave of this Court to withdraw the appeal and present it before the Court having jurisdiction. Hence, the registry to return the papers along with the Court fee to the learned counsel for the appellant to enable the learned counsel to present the same before the jurisdictional Court.

2. For the purpose of records, the appeal is treated as disposed of with liberty to present the appeal before the Court having jurisdiction. It is needless to mention the Court having jurisdiction will consider the fact that the appeal was pending before this Court while computing the limitation.

Sd/-

JUDGE ST

Unlock Advanced Research with PRISMAI

Karnataka High Court