The High Court of Karnataka was disposed of a regular second appeal where the appellant's counsel informed the court of an instruction to withdraw the appeal but requested a brief period to file a formal withdrawal memo. The court granted time and dismissed the appeal as withdrawn.
Three days time granted to file withdrawal memo; appeal dismissed as withdrawn.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 223 OF 2016 (DEC/INJ)
BETWEEN:
JAYARAMEGOWDA, S/O MADEGOWDA, AGED ABOUT 75 YEARS, R/AT DAMADAHALLI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
…APPELLANT
(BY MS. VINUTHA, ADVOCATE FOR SRI. SRINIVASA GOWDA K, ADVOCATE)
AND:
Digitally signed by REKHA ANKAIAH Location: High Court of Karnataka
KALYANAMMA DEAD BY HER LRS.
S/O LATE NINGEGOWDA, AGED ABOUT 61 YEARS,
JAVAREGOWDA DEAD BY LRS
D/O LATE JAVAREGOWDA, AGED ABOUT 47 YEARS, R/AT YELEKERE VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
PUTTEGOWDA,
DEAD BY HIS LRS,
S/O LATE PUTTEGOWDA, AGED ABOUT 46 YEARS, RESPONDENT12 AND 13 ARE R/AT DAMADAHALLI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
W/O CHANDREGOWDA, AGED ABOUT 49 YEARS, R/AT K. BETTAHALLI VILLAGE, KASABA HOBLI, PANDAVAPAURA TALUK, MANDYA DISTRICT - 571 434.
15. GOWRAMMA,
W/O SUBRAMANYA, AGED ABOUT 40 YEARS, R/AT YELEKERE VILLAGE, KASABA HOBLI,
NC: 2023:KHC:39092 RSA No. 223 of 2016
PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434.
…RESPONDENTS
(BY SRI. KEMPANNA, ADVOCATE FOR R2 TO R16; R1 AND R17 SERVED)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.09.2015 PASSED IN RA NO.201/2011 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE MANDYA, SITTING AT SRIRANGAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.10.2011 PASSED IN OS.NO.159/09 (OLD NO.175/07) ON THE FILE OF THE SENIOR CIVIL JUDGE (SR.DN.) JMFC & MACT PANDAVAPURA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:39092 RSA No. 223 of 2016
JUDGMENT
Ms. Vinutha, learned counsel appearing for the
appellant submits that the appellant has instructed to withdraw the appeal; however, she seeks three days time to file a memo in that regard.
on record.
as withdrawn. Three days time is granted to file memo in
the registry.
Sd/JUDGE
HDK List No.: 1 Sl No.: 3 CT: BHK
1 issue framed by the court
Whether a regular second appeal is maintainable and disposed of when the appellant seeks to withdraw the appeal.
1 provisions across 1 enactments
Jayaramegowda
Madegowda
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
