The High Court of Karnataka entertained a request from the appellant to withdraw a regular second appeal arising from an injunction suit. The court recorded the memo and permitted the withdrawal of the appeal.
Permission granted to withdraw the regular second appeal.
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RSA No. 100457 of 2023
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 18TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.100457 OF 2023
BETWEEN:
SRI MURULIDHAR S/O. MARUTI PATIL AGE: 43 YEARS, OCC: PRIVATE JOB, R/O.H.NO.761/E, 3RD CROSS, BHAGYA NAGAR, BELAGAVI590006
…APPELLANT (BY SRI SOURABH HEDGE, FOR SRI SHREEVATSA HEGDE, ADVOCATE)
AND:
SRI SACHIN S/O. MOHAN KALLIMANI AGE: 53 YEARS, OCC: BUSINESS, R/O.R.S.NO.51/1/1, 3RD CROSS, BHAGYA NAGAR, BELAGAVI-590006.
…RESPONDENT
CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation:DHARWADDate: 2023.05.1817:46:49 -0700
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.04.2022, PASSED IN R.A.NO.94/2019, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.11.2018, PASSED IN O.S.NO.624/2011, ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BELAGAVI, DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION, ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
RSA No. 100457 of 2023
ORDER
Appellant has filed a memo seeking withdrawal of the captioned second appeal. In the memo it is indicated that the present second appeal arises out of an injunction suit. It is also indicated that appellant intends to file a comprehensive suit and therefore has sought leave to withdraw the captioned second appeal.
The memo is taken on record. Appellant is permitted to withdraw the appeal as indicated in the memo.
Sd/JUDGE
MRK
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the appellant is permitted to withdraw the regular second appeal filed under Order 41 Rule 1 CPC and institute a comprehensive suit.
1 provisions across 1 enactments
SRI MURULIDHAR S/O. MARUTI PATIL
SRI SACHIN S/O. MOHAN KALLIMANI
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
