The High Court of Karnataka, a Single Judge, dismissed a miscellaneous second appeal as withdrawn by the appellant filing a withdrawal memo.
The appeal is dismissed as withdrawn; liberty granted to urge contentions before courts below.
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.
NC: 2024:KHC:32990 MSA No. 42 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 42 OF 2022 (RO)
BETWEEN:
SRI. M. RAMAIAH, S/O MUIYAPPA, AGED 71 YEARS, R/AT ANGATTA VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT - 562 101.
…APPELLANT
(BY SMT. M.L. KRUTHIKA, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
SRI K.S. MUNIRAJU, S/O LATE K.N. SHAMANNA, AGED 65 YEARS, R/AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.
(BY SRI. AKARSH KUMAR GOWDA, ADVOCATE)
…RESPONDENT
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.02.2022 PASSED IN RA.No.94/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.08.2016 PASSED IN OS No.305/2006 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPUR, DECREEING THE SUIT AND REMANDING BACK THE MATTER TO TRIAL COURT.
NC: 2024:KHC:32990 MSA No. 42 of 2022
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Learned counsel for the appellant has filed a memo dated 13.08.2024 for withdrawal. The memo reads as under:
"The appellant does not intend to press the above appeal, filed by him, challenging the order of remand passed by the First Appellate Court and as such, prays that this Hon’ble Court be pleased to permit him to withdraw the above appeal, granting liberty to urge all such contentions permissible in law before the Courts below.
Wherefore, it is prayed that this Hon’ble Court be pleased to dismiss the above appeal as withdrawn, keeping open all contentions of the appellant to urge before Courts below, concerning genuiness and authencity of suit agreement to sell also, in the interest of justice and equity.”
as withdrawn.
Sd/(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 36 CT: BHK
SRI. M. RAMAIAH
SRI K.S. MUNIRAJU
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
