In regular second appeal appearing on for orders, the appellant filed a memo for withdrawal of appeal stating the matter was settled by parties. The court dismissed the appeal as withdrawn and settled.
Appeal dismissed as withdrawn and settled.
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:27833 RSA No. 1366 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1366 OF 2011 (DEC)
BETWEEN:
SMT.M.N MANJULAMMA D/O LATE M R NANJUNDAIAH AGED ABOUT 50 YEARS KASABA HOBLI, SIRA TALUK TUMKURU DISTRICT - 572 101
SINCE DEAD BY HIS L.R.
DANDURUBAGILU ROAD MADHUGIRI TOWN, MADHUGIRI TUMKUR DIST.
… APPELLANT
(BY SRI HARISH H V., & SRI SHEKARAPPA, ADVOCATES)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
W/O LATE M R NANJUNDAIAH AGED ABOUT 69 YEARS R/AT DANDURUBAGILU ROAD MADHUGIRI TOWN MADHUGIRI TUMKUR DISTRICT 572 101
THONDEBAVI HOBLI GOWRIBIDANUR TALUK KOLAR DIST 563 101 NOW CHIKKABALLAPUR DIST
SMT.SHARADAMMA W/O B S BASVARAJAIAH SINCE DEAD BY HER LRS
R/AT MANUVINAKAKURIKE VILLAGE DASALAKUNTE POST C.N.DURGA HOBLI KORATAGERE TALUK TUMKUR DIST 572 101
GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT 563 101
R/AT MANUVINKAKURIKE VILLAGE C.N.DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT 572 101
…RESPONDENTS
(BPDS ASSTS. FOR R-4; R-1,R-2, R3, R-5, R-7, R-8 & R-9 SERVED; VIDE ORDER DATED 21.7.2016; NOTICE TO R-10 IS HELD SUFFICIENT; R-11 & R-12 - SERVED;)
THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.9.2010 PASSED IN R.A.NO.62/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V, MADHUGIRI, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 3.3.2008 PASSED IN O.S.NO.172/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC, MADHUGIRI.
CAUSE TITILE TYPED AS IN THE MEMORANDUM OF REGULAR SECOND APPEAL
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed memo dated 1st August 2023 for withdrawal of the appeal on the ground that the parties have settled the matter among themselves. The memo reads as under:
“The Legal Representative of appellant/Sri M.N.Manjunatha submits that as the matter is settled in the Prl.Senior Civil Judge and JMFC at
Madhugiri in F.D.P No.09/2003, the appellant is not interested in prosecuting this appeal and hence filing this Memo for withdrawal of the case.
Wherefore it is prayed that this Hon'ble Court be pleased to dismiss the appeal as withdrawn and settled, in the interest of justice.
M.N. Manjunatha, which is identified by the learned
counsel for the appellant.
In view of the memo and the matter having been settled, this appeal is dismissed as withdrawn.
SD/JUDGE
GSS
List No.: 1 Sl No.: 17
SMT.M.N MANJULAMMA D/O LATE M R NANJUNDAIAH L.R. M.N. MANJUNATHA
R-1 R.B GANGAMMA AS R-1 TO R-12
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
