The regular first appeal arising from a suit for declaration and partition was disposed of. The appellants filed a withdrawal memo stating they had amicably settled the dispute regarding property shares. The court accepted the memo and dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1250 OF 2008 (DEC/PAR)
BETWEEN:
AGED 49 YEARS,
BOTH ARE AGRICULTURISTS, KAGGODLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT - 571 201.
…APPELLANTS
(BY SRI. T. I. ABDULLA, ADVOCATE AND HEGDE ASSOCIATES)
Digitally
signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
AND:
NC: 2023:KHC:42487 RFA No. 1250 of 2008
AGED 36 YEARS,
(DELETED AS PER ORDER DATED 07.10.2009)
RESPONDENTS 1 TO 9 ARE
ALL AGRICULTURISTS AND RESIDENTS OF KAGGODLU VILLAGE,
MADIKERI TALUK, KODAGU DISTRICT - 571 201.
…RESPONDENTS
VIDE ORDER DATED 07.10.2009 R9 DELETED)
THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DATED 22.04.2006 PASSED IN O.S.NO.104/1997 ON THE FILE OF THE
CIVIL JUDGE, (SR.DN), MADIKERI, DISMISSING THE SUIT FOR DECLARATION AND PARTITION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellants has filed a memo dated 24.11.2023 for withdrawal. The memo reads as under:
"The Appellant submits as follows:
It is humbly submitted that the Appellants and respondents have amicably settled the entire dispute regarding the share of property allotted to them under the partition decree passed by the Court below, which is under challenge in this appeal. In view the settlement the appellants are not pressing the appeal.
Therefore, it is humbly prayed that this Hon'ble Court be pleased to place this memo on record and dispose of the appeal in the interest of justice."
dismissed as withdrawn.
Sd/JUDGE
MCR
1 provisions across 1 enactments
BEECHANA R. POOVAIAH
BEECHANA P. SOMANNA
REVATHI
B. D. ERAPPA
LEELAVATHI
INDRAVATHI
V SRISHANANDA
As recorded by the court registry
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