The appellant sought to withdraw the appeal with liberty to file a comprehensive suit. The court granted permission for withdrawal and dismissed the appeal accordingly, allowing a fresh suit within the limitation period.
Permission to withdraw appeal with liberty to file a fresh suit for declaration and injunction within the limitation period.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.13/2010
BETWEEN:
SMT.SUNANDA L DEVADIGA W/O LOHITHAKSHA. K DEVADIGA AGED ABOUT 46 YEARS, RESIDING NEAR KAVOOR TANK, KAVOOR POST AND VILLAGE MANGALORE TALUK
DAKSHINA KANNADA – 575 001.
…APPELLANT
(BY SRI O SHIVARAMA BHAT, ADVOCATE)
AND:
1 . MRS. PREMA DEVADIGA W/O VAMANA DEVADIGA, MAJOR
2 . SUBBALAKSHMI AGED 32 YEARS
3 . DAYAVATHI AGED 30 YEARS
4 . VASUDHA AGED 28 YEARS
2
5 . CHANDRAKANTHA AGED 27 YEARS
ALL ARE RESIDING AT NEAR KAVOOR TANK, KAVOOR POST AND VILLAGE, MANGALORE TALUK, D.K.- 575 001.
…RESPONDENTS
(BY SRI CYRIL PRASAD PAIS, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:22.08.2009 PASSED IN R.A.No.149/2003 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), MANGALORE , D.K., DISMISSING THE APPEAL AND CONFIRMING JUDGMENT AND DECREE DATED:07.04.2003 PASSED IN O.S.165/1999 ON THE FILE OF THE II-ADDITIONAL CIVIL JUDGE, (JR.DN), MANGALORE, D.K. C/C.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT BENGALURU DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant has filed a memo
seeking permission to withdraw the appeal with a liberty to file a comprehensive suit for declaration and other consequential relief of injunction.
3
Memo is placed on record.
Appeal is dismissed as withdrawn with liberty to the appellant to file a fresh suit. However, within the period provided under the Limitation Act excluding the time spent before this court.
Sd/JUDGE
SBN
1 provisions across 1 enactments
Smt. Sunanda L. Devadiga
Mrs. Prema Devadiga
Subbalakshmi
Dayavathi
Vasudha
Chandrakantha
N.K.Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
