The High Court of Karnataka considered an Miscellaneous Second Appeal filed under Order 43 Rule 1 CPC seeking withdrawal of the appeal with liberty to urge contentions and adduce evidence.
The appeal is dismissed as withdrawn.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 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 23 OF 2019 (RO)
BETWEEN:
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:32393 MSA No. 23 of 2019
APPELLANT NO.1 TO 12 ARE R/AT KUNCHEVU HOSAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573 211.
14. KALAMMA
AGED 50 YEARS, D/O LATE SANNEGOWDA, W/O SURESHA
AGED 54 YEARS, D/O KALEGOWDA, W/O DODDAMOGA
APPELLANT NO.13 TO 17 ARE R/AT ADIKERE HOSUR VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573 211.
APPELLANT NO.18 AND 19 ARE R/AT MAVANUR HOSAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573 211.
20. SHIVAMMA
AGED 56 YEARS, D/O LATE GIDDEGOWDA, W/O GOVINDEGOWDA, R/A SINGAPURA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573 211.
AGED 50 YEARS, D/O GIDDEGOWDA, W/O VENKATARAMA, R/AT DABBEGHATTA VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA DISTRICT 571 423.
…APPELLANTS
(BY SRI. K.V. NARASIMHAN, ADVOCATE)
AND:
SRI. PUTTEGOWDA, AGED 77 YEARS, S/O LATE KARIGOWDA, R/O KUNCHVU HOSAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573 211.
…RESPONDENT
(BY SRI. GURURAJ R., ADVOCATE)
NC: 2024:KHC:32393 MSA No. 23 of 2019
THIS MSA IS FILED UNDER ORDER 43 RULE 1[U] OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2018 PASSED IN RA NO.25/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.09.2012 PASSED IN OS NO.155/2007 ON THE FILE OF THE CIVIL JUDGE AND JMFC., HOLENARASIPURA, AND REMANDING THE SUIT BACK TO THE TRIAL COURT WITH A DIRECTION TO DISPOSE OF THE SUIT IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Memo filed and it reads as under:
"In view of the finding recorded by the first appellate court on Point for consideration No.1 and 2 and the order of remand is made having regard to findings recorded in point No.3 and 4 in relation to non-framing of necessary issues, the appellants do not intend to press the above appeal.
Wherefore, it is prayed that this Hon'ble Court be pleased to permit the appellants to withdraw the above appeal, with liberty to urge such contentions that are permissible under law concerning the issues that are likely
NC: 2024:KHC:32393 MSA No. 23 of 2019
to be framed and to adduce further evidence in relation to all issues, in the interest of justice and equity."
withdrawn.
Sd/(V SRISHANANDA) JUDGE
YN List No.: 1 Sl No.: 38
SRI. KARIGOWDA AND OTHERS
SRI. PUTTEGOWDA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
