Appeal details
Counselvise Citation
[2026] 140 COUNSELVISE.COM (CL) 842758 (HC-KARNATAKA)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
27-02-2026
Assessment Year
misc
Judgement Text
" - 1 - HC-KAR NC: 2026:KHC:12214 MFA No. 1406 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 1406 OF 2026 (CPC) BETWEEN: 1. SMT PUTTAMMA W/O. LATE SRI. MUNISWAMAPPA, SINCE DEAD REPRESENTED BY HER LEGAL REPRESENTATIVES SMT. SUMITHRA, W/O. LATE SRI. KRISHNAPPA, D/O. LATE SRI. MUNISWAMAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.214, YELAHANKA MAIN ROAD, OPPOSITE GOVERNMENT SCHOOL, JAKKUR, BANGALORE-560 064. 2. MS. JAYASHREE S W/O. LATE SRI. PRABHAKAR, AGED ABOUT 41 YEARS, RESIDING AT NO.29, HOTTEPPA LAYOUT, AMRUTHAHALLI, SAHAKARANAGARA, BANGALORE-560 092. 3. SRI. RAJANNA J.M S/O. LATE SRI. MUNISWAMAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.156/1, JAKKUR MAIN ROAD, OPPOSITE KATESHWAR SWAMY TEMPLE, JAKKUR, BENGALURU-560 064. …APPELLANTS (BY SRI. AJITH N., ADVOCATE FOR SRI. SUBRAMANYA S. UPASANA, ADVOCATE) Printed from counselvise.com Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12214 MFA No. 1406 of 2026 AND: 1. SMT JAYANTHI WIFE OF LATE J M CHANDRAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO.867, D BLOCK, SAHAKARA NAGAR, BENGALURU-560 092. 2. M/S. MANA PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT 20/7, 'SWAMY LEGATO', 3RD FLOOR, KADUBEESANAHALLI, MARATHAHALLI, OUTER RING ROAD, BANGALORE -560 103. REPRESENTED BY ITS MANAGING DIRECTOR MR. D. KISHORE 3. MRS. ROOPA M C DAUGHTER OF LATE J M CHANDRAPPA, WIFE OF VISHNU KUMAR G, AGED ABOUT 32 YEARS, RESIDING AT NO.2165, D BLOCK, CHANNAKESHAVA NILAYA, SAHAKARA NAGAR, BENGALURU-560 092. 4. M/S. UNIVERSITY OF AGRICULTURAL SCIENCES EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT NO.69, SHIVANAHALLI, JAKKUR MAIN ROAD, YELAHANKA, BANGALORE-560 064. BY ITS AUTHORIZED REPRESENTATIVE …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908. Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:12214 MFA No. 1406 of 2026 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ajith.N., counsel on behalf of Sri.Subramanya S.Upasana., for the appellants appeared in person. 2. The appeal is listed today for orders regarding maintainability of the appeal. 3. Counsel for the appellants submit that the appellants may be permitted to withdraw the appeal and file Writ Petition in accordance with the law. When queried counsel for the appellants submits that the appellants have taken a conscious decision to withdraw the appeal and file writ petition. 4. The oral submission made by counsel for the appellants is placed on record. 5. Accordingly, the appeal is dismissed as withdrawn. Liberty is accorded for the appellants to file a writ petition if so advised, in accordance with the law. Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:12214 MFA No. 1406 of 2026 Because of withdrawal of the appeal, the Registry concerned is hereby directed to return all the originals by replacing the same with Xerox copies. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 17 Printed from counselvise.com "
AI summary
This case involves a miscellaneous first appeal filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908, in the High Court of Karnataka. The appellants, represented by their counsel, decided to withdraw the appeal and expressed their intention to file a writ petition instead. The court recorded the oral submission of the counsel and dismissed the appeal as withdrawn, allowing the appellants the option to file a writ petition. The case highlights the procedural aspect of withdrawing an appeal and the subsequent steps that can be taken by the appellants.
Mehul