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2025 Supreme(Online)(Kar) 17290

KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
SMT.SHESHAMMA W/O LATE K.NAGARAJA RAO, SINCE DECEASED BY HER LRs. – Appellant
Versus
SRI RAMESH KUMAR S/O LATE P.RAMACHANDRA RAO – Respondent


Advocates:
For the Appellants/Petitioners: SRI SAINATH
For the Respondents: SRI RAMACHANDRA G.BHAT

Table of Content
1. facts of the family partition dispute. (Para 3)
2. arguments concerning the withdrawal of the suit. (Para 5 , 6)
3. ratio on the procedural rights concerning withdraws. (Para 7)
4. court's observations on rights in partition suits. (Para 8 , 9)

CAV ORDER

2. Facts, in brief, germane are as follows: -

3. One Keshavaiah, owner of the suit schedule properties had three children. The other member of the family K. Ramachandraiah had several children. All the parties enter into a family arrangement on 30-12-1998 by drawing up a family settlement deed. A suit is then instituted on some dispute between the members of the family in O.S.No.2086 of 2006, seeking partition of the suit schedule properties. The said suit ends up in a compromise not between all the parties to the suit but between few of them on 18-11-2006. The parties to the compromise were the families of Keshavamurthy, defendants 2 to 5, Defendants 11, 12, 13 and 14 excluding the plaintiff. In accordance with the compromise, several properties were distributed which led the other persons who are not parties to the compromise to file a suit in O.S.No.8121 of 2012 again seeking partition of the suit schedule propert

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