The High Court of Karnataka dismissed the Special Appeal filed under Section 100 of CPC, permitting withdrawal with liberty to file a fresh appeal due to defects in the present filing.
Appeal dismissed as withdrawn; liberty granted to file fresh appeal; certified judgment copies to be returned.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.1853/2021 (DEC/INJ)
BETWEEN
SHRI ARIF HUSSAIN S/O LATE ATHAULLA KHAN AGED ABOUT 36 YEARS R/ AT NO.84, MAKKA MOHALLA WARD NO.4, GALIPURA EXTENSION CHAMARAJANAGAR TOWN - 571313
...APPELLANT
(BY SRI S R MURALIDHAR, ADVOCATE)
AND
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S/O ATHAULLA KHAN R/AT NO.2711334 LUCKY BOARD CENTRE KANTHAMMA ASHRAM BALAJINAGAR, NELLOR CITY ANDHRA PRADESH
3 . SMT. NAJMA BI W/O RIYAZ KHAN D/O ATHAULLA KHAN AGED ABOUT 53 YEARS R/AT NO.9/317 MUBARAK MOHALLA CHAMARAJANAGAR TOWN-571313
… RESPONDENTS
(BY SRI SYED AKBAR PASHA, ADVOCATE FOR C/R3)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 10.03.2021 PASSED IN R.A.NO.48/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC.,
CHAMARAJANAGARA AND ETC.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
The learned counsel appearing for the appellant has filed a memo seeking permission of this Court to withdraw
the appeal with a liberty to file fresh appeal as the present appeal filed by the earlier counsel with irreparable defects.
3. Office is directed to return the certified copy of
the judgment of the Trial Court as well as First Appellate Court obtaining the xerox copies of the same from the learned counsel for the appellant.
Sd/JUDGE
SN
Shri Arif Hussain
Shri Shannawaz Khan
Sri Sanaulla Khan
Smt. Najma B
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
