Courts dismissed two writ appeals as withdrawn after appellants filed memos requesting unconditionally voluntary withdrawals in the interest of justice.
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NC: 2023:KHC-D:11696-DB WA No.30286 of 2013 C/W WA No.30277 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO.30286 OF 2013 (LR) C/w WRIT APPEAL NO.30277 OF 2013
IN WA NO. 30286 OF 2013:
BETWEEN:
MALLIKARJUN @ HAMPAYYA S/O. ISHWARAYYA BHAVI, AGE: 51 YEARS, OCC: AGRI., R/O: TERDAL - 587 112, TQ: JAMKHANDI, DIST: BAGALKOT.
…APPELLANT
(BY SRI. B.S.KAMATE, ADVOCATE)
AND:
JAGADISH T R HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.10.12 12:41:49 +0530
NC: 2023:KHC-D:11696-DB WA No.30286 of 2013 C/W WA No.30277 of 2013
CHANNAIAH S/O. ISHWARAIAH BHAVI, SINCE DECEASED BY LR,
CHANNAYYA S/O PARAYYA BHAVI, SINCE DECEASED BY LRS.,
ALLAYYA MAGAYYA BHAVI, SINCE DECEASED BY LRS.,
…RESPONDENTS
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO, CALL FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HON'BLE COURT BE PLEASED TO SET ASIDE THE ORDER DATED 16/01/2013 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.43508/2002, AND FURTHER THE WP.NO.43508/2002 FILED BY THE RESPONDENTS NO.3 TO 7/PETITIONERS MAY KINDLY BE DISMISSED, BY ALLOWING THIS WRIT APPEAL WITH COST.
IN WA NO. 30277 OF 2013:
BETWEEN:
…APPELLANTS
(BY SRI. RAVI S. BALIKAI AND SRI. K.L.PATIL, ADVOCATES)
AND:
TQ: JAMKHANDI, DIST: BAGALKOT.
CHANNAIAH S/O. ISHWARAIAH BHAVI, SINCE DECEASED BY LR RESPONDNET NO.8.
CHANNAYYA S/O PARAYYA BHAVI, SINCE DECEASED BY LRS., RESPONDNET NOS. 13 TO 16.
NC: 2023:KHC-D:11696-DB WA No.30286 of 2013 C/W WA No.30277 of 2013
TQ: JAMKHANDI, DIST: BAGALKOT.
ALLAYYA MAGAYYA BHAVI, SINCE DECEASED BY LRS., REPONDNET NOS. 17 AND 18.
AGE: 49 YEARS, OCC: AGRICULTURE, R/O: TERDAL, TAL: JAMKHANDI, DIST: BAGALKOT.
AGE: 40 AND 36 YEARS RESPECTIVELY, OCC: AGRICULTURE, R/O. NEAR PRABHUDEVAR TEMPLE, TERDAL-587244, TQ: JAMKHANDI, DIST: BAGALKOT.
…RESPONDENTS
(BY SRI.V.P.KULKARNI, SRI.F.V.PATIL, ADV. FOR R1(A) TO R1(E); SRI. SHIVARAJ P. MUDHOL, ADV. FOR R2, R3, R4, R11, R12; SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R6, R7 SRI. S.L.MATTI, ADV. FOR R13) (R5, R8, R9, R14 TO R16, R18 TO R21-SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO, CALL FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HON'BLE COURT BE PLEASED TO SET ASIDE THE ORDER DATED 16/01/2013 PASSED IN WP.NO.43508/2002 PASSED BY THE LEARNED SINGLE JUDGE AND THE SAID WP.NO.43508/2002 BE DISMISSED AND THE ABOVE WRIT APPEAL BE ALLOWED WITH COSTS.
THESE WRIT APPEALS COMING ON FOR HEARING, THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellants in both the appeals have filed Memo
for withdrawal of the appeals which read as under:
Memo (in W.A. No.30286/2013)
Herein the memo filed on behalf of the appellant is as under:
It is submitted that the Appellant do not wish to prosecute the above appeal further. It is therefore prayed that the above appeal may be disposed of as not pressed and as withdrawn in the interest of justice.”
Memo (in W.A. No.30277/2013)
Herein the memo filed on behalf of the appellants is as under:
It is submitted that the Appellants do not wish to prosecute the above appeal further. It is therefore prayed that the above appeal may be disposed of as not pressed and as withdrawn in the interest of justice.”
2. Learned counsel for the respondents submits
that in view of dismissal of R.S.A. No.5252/2018 by this
Court on 24.02.2023 and the same having been confirmed
by the Hon’ble Apex Court, the question of the appellants
withdrawing the present writ appeals does not arise. The
said submission is placed on record.
respective appellants referred to supra indicate that they intend to unconditionally withdraw their appeals. Accordingly, both W.A. No.30286/2013 and W.A. No.30277/2013 are dismissed as withdrawn.
Sd
JUDGE
Sd JUDGE
KMS List No.: 1 Sl No.: 85
1 provisions across 1 enactments
Mallikarjun @ Hampayya S/O. Ishwarayya Bhavi
The State of Karnataka
Parayya S/O. Ishwarayya Bhavi
The Land Tribunal
S. R. Krishna Kumar
G. Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
