Appellant applied to withdraw regular second appeal filed under Section 100 of CPC. Court permitted withdrawal with liberty to file appropriate petition and dismissed appeal as withdrawn.
Appeal dismissed as withdrawn with liberty to file appropriate petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1457 OF 2023
BETWEEN:
MR. THOMARA PERGU SHETTY SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
SECTOR 16, PLOT NO. 19, FLAT NO. 402, KOPARKHAIRNE, NAVI MUMBAI - 400709.
ALL ARE CHILDEREN OF LATE THOMARA P. SHETTY, APPELLANT No.4 PERSONALLY, APPELLANT NOS.1 TO 3 ARE REPRESENTED BY POA HOLDER I.E., APPELLANT NO.4.
…APPELLANTS
(BY SRI ADHISH KULKARNI, ADVOCATE FOR SRI BEENA P.K., ADVOCATE)
AND:
MRS. GULABI HONNAYA SHETTY SINCE DEAD REPRESENTED BY HER LEGAL HEIRS
4 MR. ABHISHEK SHETTY S/O LATE SADANANDA SHETTY AGED ABOUT 30 YEARS, RESIDING AT 403, PRANAAM SAI RESIDENCY, BHANGIYA, NEAR SHALIMAR SVAYAM, MR10 SQUARE, INDORE MADHYA PRADESH - 452011.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT DATED 15.02.2023 PASSED BY THE PRINCIPAL DISTRICT JUDGE, UDUPI IN M.A.NO.4/2020 [ANNESURE-A HEREIN] AND TO RESTORE THE O.S.NO.48/1994 FILED BEFORE THE HO’BLE PRL. SENIOR CIVIL JUDGE AND CJM, UDUPI AND GRANT NECESSARY DIRECTIONS FOR THE EXPEDITIOUS ADJUDICATION OF THE SUIT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The counsel for appellant Sri.Adhish Kulkarni
submits that he may be permitted to withdraw this appeal with liberty to file appropriate petition. In view of the said submission, the counsel for appellant is permitted to withdraw the appeal with liberty as sought. Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
RHS List No.: 1 Sl No.: 51
Mr. Thomara Pergu Shetty (since dead) Represented by His Legal Heirs
Mrs. Chandrika Shetty
H.P. Sanadesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
