Appellants withdrew the miscellaneous second appeal against a remand order of the Additional District Judge, Mysuru, seeking withdrawal in interest of justice.
The appeal is dismissed as withdrawn.
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 4TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 117 OF 2020 (RO)
BETWEEN:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. Y K NARAYANA SHARMA.,ADVOCATE)
AND:
SRI KARIGOWDA SINCE DEAD BY LRS
NC: 2024:KHC:36096 MSA No. 117 of 2020
…RESPONDENTS
(BY SRI.B N PRAKASH., ADVOCATE FOR R1 & R3; R2 & R4 ARE SERVED & UNREPRESENTED; V.C.O DATED 01.07.2024NOTICE TO R5 TO R7 IS HELD SUFFICIENT)
THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.09.2020 PASSED IN RA.No.84/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.01.2019 PASSED IN OS.No.1081/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU, REMANDING BACK THE MATTER TO TRIAL COURT WITH A DIRECTION TO DISPOSE OF THE COUNTER CLAIM OF DEFENDANT No.1 TO 4 AFRESH IN ACCORDANCE WITH LAW AFTER FRAMING ADDITIONAL ISSUE AND AFFORDING OPPORTUNITIES TO BOTH THE PARTIES TO ADDUCE THEIR EVIDENCE.
THIS MSA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Sri. Y.K.Narayana Sharma, learned counsel for the
appellants has filed memo dated 02.09.2024 seeking withdrawal of the appeal. The memo reads as under:
NC: 2024:KHC:36096 MSA No. 117 of 2020
“The Appellants respectfully submit that they would represent their case in the Trail Court as per the Order of remand dated 30-09-2020 in RA No.84/2019 and they do not press the above Appeal. The above appeal may please be permitted to be withdrawn as such in the interest of justice.”
In view of the memo filed, appeal is dismissed as withdrawn.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.: 2
SMT.NINGAMMA
SRI. SHIVANNA
SRI. NAGARAJU
SMT. MAHADEVAMMA
SRI. VEERESH
SMT. BORAMMA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
