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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
| 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
The plaintiff, since deceased represented by her legal representatives/petitioners 1(a) to 1(c) are before this Court calling in question an order dated 21.03.2024, passed by the LXXV Additional City Civil and Sessions Judge, Bengaluru City in O.S.No.8121 of 2012, rejecting the memo filed by the plaintiff seeking dismissal the suit as not pressed.
2. Facts, in brief, germane are as follows: -
Before embarking upon consideration of the issue on merits, I deem it appropriate to notice the protagonists to the lis. The plaintiff, original petitioner one Smt.Sheshamma dies during the proceedings. Therefore, petitioners 1(a) to (c), the legal heirs of Sheshamma are brought on record as petitioners. The defendants are also represented by their legal heirs as defendants 1(b) and 1(c) and they are respondents 1 and 2 in this revision petition. All are members of the same family.
3. One Keshavaiah, owner of the suit schedule pro
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