Regular second appeal in a suit for partition and separate possession was withdrawn by the appellant through a memo stating it was not interested in proceeding; the appeal and pending application were dismissed as not pressed.
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NC: 2024:KHC-D:9654 RSA No. 101494 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 101494 OF 2022 (PAR/POS-)
BETWEEN:
BHAGYODAYA EDUCATION SOCIETY TERDAL, REPRESENTED BY ITS PRESIDENT, SRI NARAYAN S/O MALEPPA PATTAR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. TERDAL, TAL. JAMKHANDI, NOW RABAKAVI BANAHATTI, DIST: BAGALKOT-587315.
…APPELLANT
(BY SMT. NAGARATHNA S. PATTAR, SAVITA DESHPANDE AND S.B.DEYANNAVAR, ADVOCATES)
AND:
Digitally signed by SAROJA HANGARAKI
Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
…RESPONDENTS
THIS RSA FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.03.2022 PASSED IN R.A.NO.161/2018 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE BAGALKOT TO SIT AT JAMKHANDI AT JAMAKHANDI. PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 17.08.2017 PASSED IN O.S. NO.59/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BANAHATTI. PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant has filed a memo which
reads as follows:
“ MEMO FOR WITHDRAWAL
That we the Appellant are not interested to proceed with the present case. Hence this Memo for withdrawal. Thus, the same may be dismissed as “Not Pressed”.
Hence the memo.”
In view of the aforementioned, I.A No.1/2023 as well as
the appeal is dismissed as not pressed.
Sd/JUDGE
PJ CT:GSM
List No.: 1 Sl No.: 6
1 provisions across 1 enactments
Bhagyodaya Education Society Terdal, represented by its President, Sri Narayan S/o Maleppa Pattar
Smt. Mallawwa W/o Sangappa Kalatippi
Smt. Mahadevi W/o Hanamant Kovalli
Smt. Kasturi W/o Nagappa Itnal
Smt. Kamala W/o Mallappa Goudannavar
Shri Mallappa alias Girimalla S/o Sangappa Kalatippi
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
