The Karnataka High Court disposed of Regular Second Appeal No. 702 of 2019. Upon the appellant's request to withdraw the appeal with liberty to file a civil revision petition, the Court dismissed the appeal accordingly.
Appeal dismissed as withdrawn with liberty to file civil revision petition.
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NC: 2023:KHC:26918 RSA No. 702 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 702 OF 2019
BETWEEN:
…APPELLANT
(BY SRI GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:26918 RSA No. 702 of 2019
R/O. HUCHHANGIPURA VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT-577 535.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC, 1908 AGAINST THE ORDER DTD: 14.02.2017 PASSED IN R.A.NO.04/2016, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANGERE, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED:09.10.2015 PASSED IN O.S.NO.08/2010 ON THE FILE OF THE CIVIL JUDGE AND JMFC., JAGALUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal with liberty to file civil revision petition.
In view of the memo, the appeal is dismissed as withdrawn with liberty to file civil revision petition.
NC: 2023:KHC:26918 RSA No. 702 of 2019
The Registry is directed to return the certified copies to the learned counsel for the appellant.
Sd/JUDGE
ST List No.: 1 Sl No.: 11
2 issues framed by the court
Whether the Regular Second Appeal filed under Sec. 100 of CPC is maintainable after withdrawal with liberty to file revision.
Whether the Court should permit withdrawal of the appeal with liberty to file a civil revision petition.
2 provisions across 2 enactments
Smt. Yellamma w/o. Thimannaa
Sanna Nagendruppa s/o. Late Kenga Nagappa
Sri Yellappa s/o. Siddappa
Sri Erappa s/o. Pampanna
Smt. Eramma d/o. Late Siddappa
H.P. Sandedh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
