Allowed the appellant to withdraw Regular Second Appeal No. 100057 of 2018 with liberty to urge all grounds in the concurrent suit, permitting withdrawal in the interest of justice.
Permitted the withdrawal of the appeal with liberty to urge all grounds in the filed suit.
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NC: 2024:KHC-D:9962 RSA No. 100057 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100057 OF 2018 (INJ-)
BETWEEN:
SRI. BASAPPA S/O FAKIRAPPA SANNINGAMMANAVAR AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: MANAGUNDI, DIST: DHARWAD-580003.
…APPELLANT
(BY SRI S.R.HEGDE AND ASSOCIATES)
AND:
Digitally signed by SAROJA HANGARAKI
Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
AGE: 42 YEARS, OCC: AGRICULTURE, R/O: MANAGUNDI, DIST: DHARWAD-580003.
…RESPONDENTS
RSA FILED U/SEC.100 OF CPC, 1908, PRAYING THAT THE JUDGMENT AND DECREE PASSED IN R.A.NO.15/2017 DATED 22.09.2017 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, FILED AGAINST THE JUDGMENT AND DECREE PASSED IN O.S.NO.665/2010 DATED 07.12.2016 ON THE FILE OF THE III CIVIL JUDGE JUNIOR DIVISION AND JMFC, DHARWAD, MAY PLEASE BE SET ASIDE BY ALLOWING THE APPEAL.
NC: 2024:KHC-D:9962 RSA No. 100057 of 2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellant has filed a memo
which reads as follows:
MEMO
“Herein the advocate for the appellant most humbly begs to submit as under,
In pursuance to the order passed by the lower appellate the present appellants have filed the suit in court. O.S.No.240/2020 on the file of the II Addl. Civil Judge and JMFC, Dharwad, for the relief of declaration and consequential relief of injunction against the same defendants and with respect to same suit property. As such the appellant is intending to withdraw the present appeal, keeping his liberty to urge all the grounds in the said suit.
Wherefore, it is most humbly prays before this Hon'ble court to permit the appellant to withdraw the appeal with liberty as sought for, in the interest of justice and equity.”
It is forthcoming that the appellant has filed OS
No.240/2020 for declaration and injunction.
Learned counsel for the appellant submits that the
suit in OS No.665/2010, from which the present appeal arises, is one for injunction filed by the appellant/ plaintiff.
NC: 2024:KHC-D:9962 RSA No. 100057 of 2018
In view of the aforementioned, the appellant is
permitted to withdraw the appeal with liberty as sought
for.
Sd/JUDGE
PJ CT:GSM List No.: 1 Sl No.: 27
Sri. Basappa S/o Fakirappa Sanningammanavar
Sri. Gurupad S/o Kallappa Sanningammanavar
Sri. Yellappa S/o Kallappa Sanningammanavar
Smt. Shekavva S/o Shekappa Sanningammanavar
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
