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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
SMT. ANJINAMMA D/O. LATE AJINAPPA, W/O. VENKATAPPA – Appellant
Versus
SRI NAGARAJ S/O. ANJANAPPA – Respondent
| Table of Content |
|---|
| 1. withdrawal of partition suit permitted for inclusion of necessary parties. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal importance of necessary parties and the principle of dominus litus in partition suits. (Para 6 , 7 , 8) |
| 3. continuous nature of partition suits until complete adjudication. (Para 9 , 10) |
| 4. judicial discretion upheld concerning withdrawal and refiling of partition suits. (Para 11 , 12) |
ORAL ORDER
This petition by the defendant Nos.1(a), 1(b), 3 and 3(a) in O.S.No.1316/2007 is directed against the impugned order dated 18.12.2025, whereby the memo filed by the plaintiff seeking withdrawal of the suit with liberty to file a fresh suit was allowed by the trial Court.
2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with.
3. A perusal of the material on record will indicate that the respondent Nos.1 and 2 - plaintiffs instituted the aforesaid suit against the petitioners and respondent Nos.3 to 8 for partition and separate possession of their alleged share in the suit schedule properties and for other reliefs. During the pendency of the suit, the plaintiffs filed a memo seeking wi
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