The appellant filed a memo seeking withdrawal of the appeal as he was not interested in prosecuting it. The Court permitted the withdrawal and dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 113 OF 2019 (RO)
BETWEEN:
SHRI. SAMIULL KHAN, S/O SHRI DAWOOD KHAN AGED ABOUT 61 YEARS, R/AT NO.99, III CROSS, M G ROAD, MYSURU-570 019.
…APPELLANT
(BY SMT.SAMASHRITHA R., ADVOCATE FOR SRI. NARENDRA D V GOWDA.,ADVOCATE)
AND:
HINDUSTAN MULTI TRADING CORPORATION (INDIA LTD.) A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT HAVING ITS CORPORATE OFFICE AT 11, III FLOOR, SAI KRISHNA COMPLEX, AMARJYOTHINAGAR, PRASHANTHNAGAR, BENGALURU-560 040.
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
…RESPONDENT (BY SRI.VEERABHADRASWAMY H P.,ADVOCATE) THIS MSA FILED UNDER ORDER 43 RULE 1(U) OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN RA NO.23/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER & DECREE DATED 25.01.2019 PASSED ON I.A.NO.II IN O.S.NO.507/2018 ON THE FILE OF THE C/C ADDITIONAL CIVIL JUDGE CHAMARAJANAGARA, ALLOWING THE I.A.NO.2 FILED UNDER ORDER VII RULE 11(d) OF CPC, AND MATTER IS REMANDED TO THE TRIAL COURT WITH DIRECTION TO RECORD THE EVIDENCE OF BOTH PARTIES.
NC: 2024:KHC:36095 MSA No. 113 of 2019
THIS MSA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Sri.Narendra D.V.Gowda, learned counsel for the appellant has filed memo dated 03.09.2024 seeking withdrawal of the appeal. The memo reads as under:
“The undersigned herein submits that the appellant has instructed the undersigned to withdraw the above appeal as he is not interested to prosecute the above appeal.
WHEREFORE it is prayed that this Hon’ble Court may be pleased to permit the appellant to withdraw the above appeal in the interest of justice.”
In view of the memo filed, appeal is dismissed as withdrawn.
Sd/(V SRISHANANDA) JUDGE
Snb/ List No.: 2 Sl No.: 1
1 issue framed by the court
Whether the appellant is permitted to withdraw the Miscellaneous Second Appeal?
2 provisions across 1 enactments
SHRI SAMIULL KHAN
HINDUSTAN MULTI TRADING CORPORATION (INDIA LTD.)
V Srishananda
As recorded by the court registry
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