The regular second appeal filed under Section 100 of the CPC was dismissed as withdrawn after the appellant filed a memo requesting withdrawal on grounds of prior comprehensive litigation and pending related appeals.
Appeal dismissed as withdrawn.
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NC: 2023:KHC:19536 RSA No. 1089 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. 1089 OF 2015 (INJ)
BETWEEN:
H N DHANANJAIAH, S/O GOWDRA NANJAPPA, 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
PIN: 577 201.
ALL ARE AGRICULTURIST AND RESIDENT OF R/O B. BERANAHALLI-VILLAGE,
NC: 2023:KHC:19536 RSA No. 1089 of 2015
HOLALUR HOBLI, SHIVAMOGGA, PIN:577 216.
…RESPONDENTS
(BY SRI. B K MANJUNATH FOR.,ADVOCATE for C/R-4.)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 28.04.2015 PASSED IN R.A.NO.22/2013 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.144/2003 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
NC: 2023:KHC:19536 RSA No. 1089 of 2015
kindly be permitted to withdraw the same, in the interest of justice and equity.”
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the appeal is dismissed as withdrawn .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.: 19.2
H N DHANANJAIAH
SRI B N BASAPPA
RATHNAMMA
B.N. GURUMURTHY
B.N. KUMARSWAMY
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
