Appeal dismissed as withdrawn by appellant, though liberty to file fresh suit was rejected.
Appeal dismissed; liberty to file fresh suit rejected; Misc.Cvl.103114/2010 dismissed.
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 13TH DAY OF SEPTEMBER 2012
BEFORE
THE HON’BLE MR JUSTICE HULUVADI G RAMESH
REGULAR SECOND APPEAL NO.5284 OF 2010
Between:
G Pakeerappa, Dead by L.R. sister, Smt Y Hampamma, Aged about 22 years, Hindu, Agriculturist, R/o Devalapur village-583303. Hospet taluk, Bellary District.
..APPELLANT
(By Sri Shriharsh A Neelopant, Adv)
And :
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R/o No.21, Devalapur village, Hospet Taluk.
(By Sri Hanumanth Reddy Sahukar, Adv for C/R1)
This Regular Second Appeal is filed under Section 100 CPC against the judgement and decree dated 17.12.2009, passed in R.A.No.14/2009, on the file of the Prl. Civil Judge (Sr.Dn.) & JMFC, Hospet, dismissing the appeal by confirming the judgment dated 24.1.2009, for having dismissed the application I.A.No.4 filed U/O 21 Rule 97 and 101 of CPC, in E.P.63/2007 on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC, Hospet.
This Regular Appeal coming on for admission this day, the Court delivered the following:
JUDGMENT
Learned counsel for the appellant has sought for
permission to withdraw the appeal, with liberty to file fresh suit.
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Accordingly, appeal is dismissed as withdrawn. However, liberty sought for is rejected. Consequently, Misc.Cvl.103114/2010 filed for stay is also dismissed.
Sd/- JUDGE
bkp
G Pakeerappa, Dead by L.R. sister, Smt Y Hampamma
Smt Gollara Hanumakka
Sri Gundlanur Hanumantappa
Smt G Mallamma
Huluvadi G Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
