The Single Judge Bench of the Karnataka High Court dismissed a Regular Appeal as withdrawn filed under Order 41 CPC. The appellants submitted a memo seeking withdrawal of the appeal against the impugned judgment of the Civil Judge.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE V.SRISHANANDA
R.F.A. No.130 OF 2015
BETWEEN:
"ADITYA", DESHAPANDE LAYOUT, VIJAYANAGARA EXTENSION, HUBLI, REPRESENTED BY
HER POWER OF ATTORNEY HOLDER, P.ANANTHA KRISHNA BHAT.
AGED 57 YEARS, S/O ADILGAL SRINIVAS BHAT, ANGADIMARU HOUSE, PUTHIGE VILLAGE, MANGALORE TALUK - 575 001
...APPELLANTS
(BY SRI. MANIAN K.B.S, ADVOCATE AND SRI. GNANESH H KEMPANNA, ADVOCATE)
AND:
AGED ABOUT 88 YEARS,
2
ALL ARE CHILDREN OF BIRLAI NARAYANA BHAT, BIRLAI, PUTHIGE VILLAGE, MITHABAILU POST, MANGALORE. TALUK 5875 5001
3
ALL ARE CHILDREN OF LATE KAMALAKSHI BHAT, PERMANENT RESIDENTS OF ANGADIMARU, PUTHIGE VILLAGE, MANGALORE TALUK - 575 001
AGED ABOUT 52 YEARS,
AGED ABOUT 47 YEARS,
4
ALL ARE CHILDREN OF LATE RAMAKRISHNA BHAT, PERMANENT RESIDENTS OF ANGADIMARU, PUTHIGE VILLAGE, MANGALORE TALUK - 575 001
22 . MR LAWRENCE PAUL
AGED ABOUT 42 YEARS, S/O LATE JOSEPH PAUL, D.NO.1/977, VAILANKANNI COTTAGE, PADAVINANGADY, MANGALORE - 575 001
23 . SMT SARASWATHI
W/O RAMAKRISHNA BHAT, ANGADIMARU HOUSE, PUTHIGE VILLAGE, MANGALORE TALUK - 575 001
RESPONDENTS
(BY SRI.K.CHANDRAKANTH ARIGA, ADVOCATE FOR R2 TO R8;
SRI SARAVANA S, ADVOCATE FOR R22; NOTICE TO R1, R9, R13, R14, R15, R16 & R22 SERVED AND UNREPRESENTED; VIDE ORDER DATED 5.08.2016, NOTICE TO R10, R11, R12, R17 TO R21 & R23 HELD SUFFICIENT)
THIS RFA IS FILED UNDER ORDER 41 OF THE CODE OF CIVIL POCEDURE 1908 PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE & ADDITIONAL CHIEF JUDICIAL MAGISTRATE, KARKALA IN O.S.NO.7/2013 AND DECREE THE SUIT AS PRAYED FOR AND b) TO PASS SUCH OTHER APPROPRIATE ORDER/S AS DEEMED FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Sri. M.S.Thanthri representing Sri.K.B.S.Manian
and Sri.Gnanesh H Kempanna, learned counsel for appellants submit that a memo is filed seeking withdrawal of the appeal. The memo reads as under:
"The Appellants hereby withdraw the above Appeal against the Respondents and prays that this Hon'ble Court may be pleased to dismiss the above Appeal as withdrawn in the interest of justice and equity."
In view of the memo, appeal is dismissed as
withdrawn.
RR
K S Geetha @ Muktha
P Anantha Krishna Bhat
Vasudeva Rao
Sunandamma
Ramma
Gulabi
V.Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
