Second Appeal filed under Section 100 CPC was dismissed as withdrawn by appellants. Court ordered refund of court fee and disposed of connected interim stay application.
Refund of court fee ordered; I.A. No.1/2020 for stay disposed of.
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 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 805 OF 2020 (SP)
BETWEEN:
BOTH APPELLANTS ARE R/O NO.99, BANK ROAD MAIN ROAD, DONABAGHATTA BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301.
…APPELLANTS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
(BY SRI. S.N.BHAT., ADVOCATE)
SHIVAMOGGA DISTRICT-577 301.
RSA No. 805 of 2020
BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.11.2019 PASSED IN RA.NO.60/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2018 PASSED IN O.S.NO.251/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BHADRAVATHI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellants has filed a memo for withdrawal dated 01.12.2022 stating that the appeal may be dismissed as withdrawn and the court fee paid may kindly be ordered to be returned.
RSA No. 805 of 2020
The Registry is directed to refund the court fee in
accordance with law.
In view of dismissal of the appeal, I.A.No.1/2020 for Stay does not survive for consideration and the same stands disposed of.
Sd/JUDGE
CP
List No.: 1 Sl No.: 9
Smt. Sakura Bi @ Sagira Bi w/o Syed Jabiulla
Syed Jabiulla s/o Sayed Ahamed
Sathyanaarayana Rao s/o Basoji Rao C.M.
Syed Sadath s/o Syed Jabiulla
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
