The appellant sought leave to withdraw the regular second appeal with liberty to file a fresh suit. The High Court of Karnataka accepted the submission and dismissed the appeal as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1875 OF 2016 (INJ)
BETWEEN:
SRI K M SURESHA S/O K.T. MANJAPPA AGED 49 YEARS R/O KESALUR VILLAGE, KADTHUR POST, THIRTHAHALLI TALUQ, SHIVAMOGGA DISTRICT – 577 432
…APPELLANT
(BY SRI. ASHWATH C M., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: High Court of Karnataka
SRI DAKAPPA S/O AYYANNA GOWDA AGED 51 YEARS, R/O KESALUR VILLAGE, KADTHUR POST, THIRTHAHALLI TALUQ, SHIVAMOGGA DISTRICT. – 577 432 …RESPONDENT (BY SRI. SUBRAMANYA P D., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.06.2016 PASSED IN RA NO.61/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., THIRTHAHALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 27.02.2013 PASSED IN OS NO.170/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC., THIRTHAHALLI.
NC: 2023:KHC:32469 RSA No. 1875 of 2016
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant appearing through
video conference submits that he seeks leave of the Court to withdraw the appeal with a liberty to file fresh suit, if
law permits.
Accordingly, the appeal is dismissed as withdrawn
with the aforesaid liberty.
SD/JUDGE
SSB
Sri K M Suresha
Sri Dakappa
Ashok S. Kinagi
As recorded by the court registry
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