Appellants in a regular second appeal arising from a dismissed partition suit sought withdrawal via memo, having lost in both courts below regarding land in Sy. No. 26/1. The High Court recorded the memo and dismissed the appeal as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 1439 OF 2016 (PAR-)
BETWEEN:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT: KONDAVANAVABANAHALLI VILLAGE, SOMENAHALLI HOBLI, GUUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT 562 101.
…APPELLANTS
(BY SRI. G. A. SRIKANTE GOWDA, ADVOCATE)
AND:
R/AT KONDAVANAVABANAHALLI VILLAGE,
SOMENAHALLI HOBLI, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT 562 101.
RESPONDENTS 2 AND 3 ARE R/AT NO. 63/1, A-DIVISION, GULURU CIRCLE, BAGEPALLI TOWN, CHIKKABALLAPUR DISTRICT 562 101.
…RESPONDENTS
(R1 AND R5 NOTICE SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.06.2016
PASSED IN RA.NO.85/2011 ON THE FILE OF THE PRL. DISTRICT JUDGE, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 24.11.2011 PASSED IN OS.NO. 95/2001, ON THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M, CHICKBALLAPUR AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel for the appellants has filed a memo
to withdraw the appeal.
under:
"The Appellants No.1 to 3 submits that, they are not interested to continue the appeal, as they lost their case in O.S. No. 95/2001 and R.A. No.85/2011, in the courts below for the relief of partition with respect to Item No.13- land in Sy. No.26/1 measuring 3 acres 35 guntas, and knowing the consequences of previous proceedings in which their father lost his case up to high court, as such they are praying this Hon'ble court to dismiss the Appeal as withdrawn in the interest of justice and equity"
dismissed as withdrawn.
NC: 2024:KHC:38737 RSA No. 1439 of 2016
if any would not survive for consideration.
Sd/(K.S. HEMALEKHA) JUDGE
AT List No.: 1 Sl No.: 9
1 provisions across 1 enactments
Shri K.N. Murthy
Shri K.N. Sathyanarayanaswamy
Shri K.N. Nataraja
Shri K.N. Narayanaswamy
Smt. Vijayalakshmi
Shri Peddanna
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
