The High Court of Karnataka, in a regular second appeal, dismissed the appeal filed by an agriculturist after he sought to withdraw it while reserving liberty to avail any other alternative remedy.
The appeal was dismissed as withdrawn. Liberty to avail any other alternative remedy was reserved.
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 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO. 802 OF 2019 (DEC/INJ)
BETWEEN:
SRI. H. O. CHANDRASHEKARA, S/O LATE OBANNA GOWDA, AGED ABOUT 67 YEARS, AGRICULTURIST, R/O HOLEKOPPA, BASAVANI POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT.
…APPELLANT
(BY SRI. H.N. BASAVARAJU, ADVOCATE)
AND:
Digitally signed by REKHA ANKAIAH Location: High Court of Karnataka
NC: 2023:KHC:40344 RSA No. 802 of 2019
…RESPONDENTS
(BY SRI. ANUKANKSHA KALKERI, HCGP FOR R1 TO R4)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.10.2018 PASSED IN RA.No.76/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.01.2010 PASSED IN OS.No.388/2005 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM, SHIVAMOGGA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellant has filed a memo dated 10.11.2023, seeking leave of this Court to withdraw the appeal, reserving liberty to the appellant to avail any other alternative remedy available.
NC: 2023:KHC:40344 RSA No. 802 of 2019
Sd/JUDGE
HDK List No.: 1 Sl No.: 2
Sri. H. O. Chandrashekara
The Chief Secretary, State of Karnataka
The Deputy Commissioner, Shivamogga District
The Tahsildar, Thirthahalli Taluk
The Divisional Forest Officer, Forest Department
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
