Regular Second Appeal was dismissed as withdrawn by the appellants, who retained liberty to file a writ petition.
Regular Second Appeal dismissed as withdrawn with liberty to file a writ petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL No.295 OF 2016 (DEC/INJ)
BETWEEN:
AGED ABOUT 35 YEARS R/AT BASAVA PATTANA VILLAGE BASAVA PATTANA POST SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 231
AND:
KADAPPARA GANGAMMA SINCE DECEASED BY HER LRS.
KADAPPARA GANGAMMA & LATE HANMUNTHAPPA MAJOR R/AT SOMALA PURA VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT -577 231
4 . SMT.MALLAMMA D/O.LATE MALLAPPA GRAND DAUGHTER OF LATE KADAPPARA GANGAMMA & LATE HANUMANTHAPPA MAJOR R/AT SOMALA PURA VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT -577 231
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 29.07.2015 PASSED BY THE FIRST APPELLATE COURT – COURT OF SENIOR CIVIL JUDGE & J.M.F.C, CHANNAGIRI IN REGULAR APPEAL NO.57/2010 AND ALSO THE JUDGMENT AND DECREE DATED 22.07.1998 PASSED IN O.S.NO.354/1995 ON THE FILE OF THE TRIAL COURT - COURT OF CIVIL JUDGE (JR.DIVISION) AND JMFC, CHANNAGIRI AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel appearing for appellants files a memo seeking permission to withdraw the appeal with liberty to file a writ petition.
Placing the said memo on record, the Regular
Second Appeal is dismissed as withdrawn.
The appellants shall have the benefit of period prosecuted before this Court, in the other forum before which they desire to prosecute.
Sd/JUDGE
LB
Peer Ahamed
Amzad Ahamed
Chandramma
Prashanth
Naveed Ahmed
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
