The High Court of Karnataka dismissed Regular Second Appeal No. 182 of 2019, which was filed against a judgment decree of the Addl. Senior Civil Judge, Udupi. The appeal was dismissed because the appellant filed a memo seeking its withdrawal.
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NC: 2023:KHC:38036 RSA No. 182 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 182 OF 2019 (SP)
BETWEEN:
H KOGGANNA SHENOY
BY HIS LRs
S/O LATE H.KOGGANNA SHENOY AGED ABOUT 74 YEARS R/AT FLAT NO.102, SHARADA APARTMENT, CHITPADY, UDUPI-576101.
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
S/O LATE H.KOGGANNA SHENOY AGED ABOUT 71 YEARS, P.O.HEJAMADI - 574103
UDUPI TALUK AND DISTRICT
(BY SRI. M SUDHAKAR PAI, ADVOCATE)
…APPELLANTS
AND:
KALIAN TALUK, THANE DISTRICT, MAHARASHTRA
B-WING, FLAT NO.6, 1ST FLOOR, PENDSE NAGAR, TILAK NAGAR, DOMBIVLI(E)-421 201 KALYAN TALUK, THANE, MAHARASHTRA RESPONDENTS 1 TO 10 WHO ARE APPELLANT 1 TO 10 BEFORE THE LOWER APPELLATE COURT, ARE REPRESENTED BY THEIR G.P.A HOLDER SRI PRASHANT KRISHNA KAMATH S/O LATE SHOBHA K KAMAT R/AT KAMAT ENCLAVE, NAVAL BASE, KARWAR-581 301
NC: 2023:KHC:38036 RSA No. 182 of 2019
MANGALURU-575 008 (D.K)
NC: 2023:KHC:38036 RSA No. 182 of 2019
MAHARASHTRA
…RESPONDENTS
(BY SRI. SHANKARE GOWDA V N, ADVOCATE FOR C/R8)
THIS RSA IS FILED UNDER SEC.100 OF CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 20.10.2018 PASSED IN RA NO.90/2012 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE AT UDUPI AND THEREBY RESTORING THE JUDGMENT AND DECREE DATED 28.09.2012 IN OS NO.149/2000 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, UDUPI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The office objection in regard to non-amendment of
cause title does not survive for consideration as learned counsel for the appellants has already filed amended cause title on 03.10.2023.
NC: 2023:KHC:38036 RSA No. 182 of 2019
Learned counsel for the appellants has filed a memo
seeking withdrawal of the appeal.
Memo is placed on record.
In view of the memo, the appeal is dismissed as withdrawn.
Sd/JUDGE
CA List No.: 1 Sl No.: 38
H KOGGANNA SHENOY
SHREEEMATHI NARASIMHA SHENOY
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
