The Karnataka High Court apparatus dismissed an appeal filed under Section 100 of the CPC as withdrawn by the appellants, granting liberty to file a Miscellaneous Second Appeal.
The appeal is dismissed as withdrawn with liberty to file a Miscellaneous Second Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
RSA NO.100873 OF 2018 (INJN)
BETWEEN
... APPELLANTS
(BY SRI. R M KULKARNI AND SMT. HEMALEKHA K.S.ADVS.)
AND
SHRI. UTTAM MARUTI BHUI, AGE: 34 YEARS,OCC: MASON WORK, R/O: PATTANKUDI, TQ: CHIKODI-591201, DIST: BELAGAVI.
… RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.09.2018 PASSED IN R.A.NO.40/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NIPPANI, ALLOWING THE APPEAL AND DECREEING THE JUDGMENT AND DECREE DATED 04.01.2013, PASSED IN O.S.NO.75/2007 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NIPPANI, DISMISSING THE SUIT FILED FOR MANDATORY INJUNCTION.
2
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellants has filed a memo
dated 09.10.2019 seeking permission to withdraw the
appeal with liberty to file a Miscellaneous Second Appeal.
with liberty as sought for.
Vb
Sd/JUDGE
Shri. Appa Balu Bhui
Shri. Vasant Balu Bhui
Shri. Uttam Maruti Bhui
H.T.Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
