Appellant sought withdrawal of MSA No. 28 of 2023 with liberty to file a Writ Petition. The High Court of Karnataka dismissed the appeal as withdrawn while reserving the sought liberty.
Dismissal of appeal as withdrawn with liberty to file writ petition.
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MSA No. 28 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS SECOND APPEAL NO. 28 OF 2023
BETWEEN:
SRI. JAVARAYIGOWDA, S/O JAVARAYIGOWDA ALIAS MOLLEGOWDA, AGED ABOUT 85 YEARS, R/O HONAGANHALLI VILLAGE, KRUGAVALU HOOBLI, MALAVALLI TALUK.
…APPELLANT
(BY SRI. GANAPATHI SUBBARAYA BHAT, ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
SRI. KUMARA, S/O SRI. MADEGOWDA, AGED ABOUT 45 YEARS, R/O HONAGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK.
…RESPONDENT
THIS MSA IS FILED UNDER SECTION, 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.10.2022 PASSED IN MA NO.13/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.10.2019 PASSED ON IA.NO.1 IN OS.NO.477/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALAVALLI. REJECTING
MSA No. 28 of 2023
THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 R/W SEC.151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant seeks leave of the
Court to withdraw the appeal with liberty to file Writ Petition.
2. Submission is placed on record.
Appeal is dismissed as withdrawn reserving liberty as
sought for.
Office to return the certified copy of the judgment to
the learned counsel for the appellant after replacing the same with the photo copy.
Sd/JUDGE
DS
List No.: 1 Sl No.: 1
2 provisions across 1 enactments
SRI. JAVARAYIGOWDA
SRI. KUMARA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
