The High Court of Karnataka allowed an appellant to withdraw a revision application under Section 96 CPC against a partition decree, dismissing the appeal as withdrawn based on the appellant's memo.
Permission to withdraw the appeal granted; appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.404/2006 (PAR)
BETWEEN:
VINOD KUMAR E., S/O LATE ERA NAGABOVI, AGED ABOUT 37 YEARS, R/O K.M.ROAD, KADUR-577548. … APPELLANT
[BY SRI S. MAHESH, ADVOCATE]
AND:
S/O LATE ERA NAGABOVI, AGED ABOUT 49 YEARS,
R/O 1ST FLOOR, OPP: KIRAN STORES,
3RD MAIN ROAD, 13TH CROSS, VINOBHANAGAR,
DAVANAGERE-577 001.
2
GANDHINAGAR, BENGALURU-560 009.
SRI C.R. SUBRAMANYA, ADVOCATE FOR R-5; SRI R. MALLAIAH, ADVOCATE FOR R-7 & R-8; APPEAL AGAINST R-2 & R-3 DISMISSED VIDE ORDER DATED 23.08.2010;
R-6 - SERVED AND UNREPRESENTED]
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THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.12.2005 PASSED IN O.S.NO.157/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), AND JMFC, KADUR, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The appellant Sri E. Vinod Kumar is present before the
Court and files a memo stating that he had filed the appeal challenging the judgment and decree passed in O.S.No.157/2001 on the file of the Civil Judge (Sr.Dn.) and JMFC, Kadur dated 22.12.2005 and now he is not interested to proceed with the above case and seeks permission of this Court to withdraw the appeal. The copy of this memo is also acknowledged by the learned counsel for respondent Nos.1, 7 and 8. The learned counsel for respondent No.4 is present.
the appeal by the appellant himself, the appeal is dismissed as withdrawn.
Sd/JUDGE
MD
Vinod Kumar E.
E. Nagaraj
E. Basavaraj
S.E. Chandrashekar
E. Umamahesha
E. Manjunatha
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
