The regular second appeal filed by the appellant was dismissed as withdrawn by the High Court of Karnataka. The appellant submitted a memo seeking withdrawal due to conflicting findings in a related suit filed by the same parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:19536 RSA No. 1088 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 1088 OF 2015 (INJ)
BETWEEN:
SMT B R GAYATHRI W/O H N ONKARAPPA, AGE 41 YEARS, AGRICULTURIST, R/O ARADUTLLOU VILLAGE, BHADRAVATHI TALUK, PIN:577 421.
…APPELLANT
(BY SRI. M R HIREMATHAD, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
AGED ABOUT 74 YEARS.
AGED ABOUT 40 YEARS,
ALL ARE THE AGRICULTURIST AND RESIDENT OF R/O B. BERANAHALLI VILLAGE, HOLALUR HOBLI, SHIVAMOGGA, PIN:577 216.
RESPONDENTS
NC: 2023:KHC:19536 RSA No. 1088 of 2015
(BY SRI. B K MANJUNATH FOR ADVOCATE FOR C/R1-4)
THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 28.04.2015 PASSED IN R.A. NO.24/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & C.J.M., SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMED THE ORDER DATED 12.12.2012 PASSED IN O.S. NO.140/2003 ON THE FILE OF THE I ADDL. CIVIL JUDGE & J.M.F.C., SHIVAMOGGA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. The memo reads thus;
“MEMO FOR WITHDRAWL
The Advocate for the appellate respectfully submits that-
As the findings on the similar issues have been negetived in the comprehensive suit in O.S. No. 271/2007 and confirmed in R.A. No. 26/2016 and the Respondent herein has filed RSA in RSA No: 1483/2021 which is pending before this Hon’ble Court, the above said appeal does not survive for consideration, in view of the same the appellant may kindly be permitted to withdraw the same, in the interest of justice and equity.”
NC: 2023:KHC:19536 RSA No. 1088 of 2015
The memo is placed on record. In view of the memo,
the appeal is dismissed as withdrawn .
Sd/JUDGE
GH
List No.: 1 Sl No.: 19.1
Smt B R Gayathri
Sri B N Basappa
Rathnamma
B N Gurumurthy
B N Kumaraswamy
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
