Appellants sought to withdraw their regular second appeal against a final decree in a partition suit, the main appeal having been dismissed earlier. The court accepted the memo and dismissed the appeal as not pressed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 1116 OF 2021 (PAR)
BETWEEN:
APPELLANT NO.1 AND 2 ARE RESIDENT OF, BOMMAGADDE, KELAGUR VILLAGE, JAVALE POST, MUDIGERE TALUK, CHIKKMAGALURU DISTRICT - 577 101.
Digitally signed by SUMA B N Location: High Court of Karnataka
…APPELLANTS
(BY SRI. PAVAN M. ADVOCATE FOR SRI. GIRISH B BALADARE, ADVOCATE)
AND:
W/O. K.M. RAGHURAM, AGED ABOUT 57 YEARS, NEHARU ROAD, MUDIGERE TOWN, CHIKKAMAGALURU DISTRICT - 577 101.
R/AT KALMANE VILLAGE, KOOVE POST, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT - 577 101.
…RESPONDENTS
THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.11.2021 PASSED IN RA.No.73/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 06.10.2018 PASSED IN FDP No.54/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE ACCEPTING THE COMMISSIONER REPORT FILED BY THE COURT COMMISSIONER.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Pavan M, learned counsel appearing for Sri. Girish B. Baladare, learned counsel for the appellants submits memo dated 20.01.2024 is filed seeking withdrawal of the appeal.
"Undersigned counsel appearing for the Appellants respectfully submit that, the appellants above are preferred RSA 1351/2016 against the judgment and decree passed in O.S. 57/2000 and RA 36/2009, vide judgment dated 09.08.2023 the RSA 1351/2016 came to be dismissed by this Hon'ble court. In the above facts and circumstances of the case the above
NC: 2024:KHC:10182 RSA No. 1116 of 2021
appeal arising out of the FDP 54/2015 and RA 73/2018 against the preliminary decree passed in O.S.57/2000 is not maintainable in view of the disposal of the main appeal in RSA No.1351/2016. Hence the above appeal became infructuous and same is dismissed as not pressed in the interest of justice and equity. Accordingly the above appeal may be dismissed as not pressed."
dismissed as not pressed.
Sd/JUDGE
CR List No.: 2 Sl No.: 3
1 provisions across 1 enactments
K.P. Chandregowda
K.P. Lakshmana Gowda
Smt. K.P. Seethamma
Smt. K.P. Savithri
Smt. Revathi
Smt. Janakamma
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
