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2025 Supreme(Online)(SC) 5066

SUPREME COURT OF INDIA
SANJAY KAROL, JOYMALYA BAGCHI, JJ
SUVARNAMMA & ORS. – Appellant
Versus
SHIVALINGAIAH & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: N.S. Vijayanth Babu, Pankaj Kumar Mishra
For the Respondents: D P Chaturvedi, Tarun Kumar Thakur, Abhay Choudhary M, Vivek Ram R, Anuradha Mutatkar

Table of Content
1. challenge to the high court order. (Para 1)
2. court approved withdrawal of defendants. (Para 3)
3. decision on maintainability reserved. (Para 5)
4. final disposal of the appeal. (Para 6)

O R D E R

1. Appellant lays challenge to the order dated 22.11.2022 in W.P. No. 20505 of 2021 (GM-CPC) titled “Shivalingaiah & Ors. vs. Smt. Suvarnamma & Ors. passed by the High Court of Karnataka at Bengaluru.

2 Learned counsel for the appellant has filed the instant application for early hearing inter alia stating as under:

“5. It is most humbly prayed to fix a day for early hearing of this Appeal on the following grounds:

(i) The only issue involved in this appeal regarding the unconditional right of the plaintiffs to withdraw their suit as against all or any of the defendants under Order XXII Rule 1(1) of the Code of Civil Procedure is well settled and covered by the judgments of this Honourable Court. One such case beingAnurag Mittal vs. Shaily Mishra Mittal ” (2018 9 SCC 691).

(ii) Agreement to Sell dated 20.12.2001 which is Signature Not Verified sought to be enforced before the trial court in O.S.

Digitally signed by NO. 364/2014 is about 24 years old.

RAJNI MUKHI Date: 2025.05

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