Case Note & Summary
The appellant, Smt. Jayamma, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 13.03.2019 passed by the V Additional City Civil Judge, Bangalore, in O.S.No.4585/2012, which dismissed her suit for declaration and partition. The appellant was represented by Smt. B.V. Vidyulatha. The respondents were Smt. C. Pramila, Smt. C. Kamala, and Smt. Nagarathna, all daughters of late M.R. Cheluvaiah. During the hearing of the appeal, the appellant's counsel filed a memo dated 08.06.2020 seeking to withdraw the appeal. The court took the memo on record and dismissed the Regular First Appeal as withdrawn. Additionally, the court directed the registry to refund the entire court fees paid by the appellant, relying on the decision in Mr.K.S.Periaswamy Vs. State of Karnataka reported in ILR 2019 KAR 4195. The judgment was delivered by the Hon'ble Mr. Justice P.B. Bajanthri on 03.07.2020.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Dismissal as Withdrawn - Code of Civil Procedure, 1908, Section 96 read with Order XLI Rule 1 - Appellant filed a memo to withdraw the Regular First Appeal against the judgment and decree dismissing the suit for declaration and partition - Court took the memo on record and dismissed the appeal as withdrawn - Held that the appeal is dismissed as withdrawn (Para 1). B) Court Fees - Refund of Court Fees - Karnataka Court Fees and Suits Valuation Act, 1958 - Appellant sought refund of entire fees paid - Court directed refund in terms of the decision in Mr.K.S.Periaswamy Vs. State of Karnataka reported in ILR 2019 KAR 4195 - Held that the entire fees paid by the appellant be refunded (Para 1).
Issue of Consideration
Whether the appeal should be dismissed as withdrawn and whether court fees should be refunded.
Final Decision
The Regular First Appeal is dismissed as withdrawn. Registry is directed to refund the entire fees paid by the appellant in terms of the decision in Mr.K.S.Periaswamy Vs. State of Karnataka reported in ILR 2019 KAR 4195.
Law Points
- Withdrawal of appeal
- refund of court fees
- memo for withdrawal
