The High Court dismissed a regular second appeal filed under Section 100 of the Civil Procedure Code on the grounds that the appellant withdrew the appeal before admission by mutual consent of counsel.
Regular Second Appeal dismissed as withdrawn.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.
NC: 2023:KHC:31690 RSA NO.424 OF 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.424 OF 2013 (DEC/INJ)
BETWEEN:
SRI. JAVARE GOWDA S/O LATE MARIGOGE GOWDA AGED ABOUT 70 YEARS R/AT UTAGAHALLI, KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 008.
…APPELLANT
(BY SRI. GANAPATHI, ADVOCATE)
AND:
SINCE DEAD BY LRS.
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
1(c). M.N. SOWMYA D/O LATE H.D NAGARAJU AGED ABOU.T 33 YEARS. RESPONDENTS 1(a) TO 1(c) ARE R/AT: NO.4672/7,
NC: 2023:KHC:31690 RSA NO.424 OF 2013
…RESPONDENTS
(BY SRI. S.A. MARUTHI PRASAD, ADVOCATE FOR R1(a) to R1(c) AND R4; SRI. B.K. SOODI, ADVOCATE FOR R3; VIDE ORDER DATED 30.06.2016 APEEAL AS AGAINST R2 IS DISMISSED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGEMENT AND DECREE DATED 31ST OCTOBER, 2012 PASSED IN REGULAR APPEAL NO.962 OF 2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-II, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 13TH OCTOBER, 2009 PASSED IN ORIGINAL SUIT NO.310 OF 2003 ON THE FILE OF II CIVIL JUDGE (JR.DN.) AND JMFC, MYSURU.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Sri. Ganapathi, learned counsel for appellant and Sri. S.A. Maruthi Prasad, learned counsel for respondents 1(a) to 1(c) and 4 present before the Court.
leave of the Court to withdraw the appeal. Memo is taken on record.
SD/JUDGE
ARK
1 provisions across 1 enactments
SRI. JAVARE GOWDA S/O LATE MARIGOGE GOWDA
NAGARAJ SINCE DEAD BY LRS. M.N. PRATHIMA D/O LATE H.D. NAGARAJU
M.N. SHILPA D/O LATE H.D. NAGARAJU
M.N. SOWMYA D/O LATE H.D NAGARAJU
M/S. KALABYARAVA ENTERPRISES
K.I.A.D.B. OFFICE
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
