Regular second appeal under Section 100 CPC dismissed as withdrawn on the appellants' memo, as they had filed a fresh comprehensive suit for declaration and consequential relief in respect of the suit schedule property (O.S. No.17/2018, Senior Civil Judge, Magadi). No proposition of general application is decided.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 1763 OF 2021 (INJ)
BETWEEN:
APPELLANTS 1 AND 2 ARE R/AT NO.69, 3RD CROSS, CHOLURUPALYA, MAGADI MAIN ROAD, BENGALURU.
Digitally signed by SUMA B N Location: High Court of Karnataka
APPELLANTS 4 AND 5 ARE R/AT NO. 77/A, 1ST FLOOR, 2ND MAIN, 2ND CROSS, CHOLURPALYA, MAGADI MAIN ROAD, BENGALURU.
…APPELLANTS
(BY SRI. JAYAKIRTHI M C.,ADVOCATE)
AND:
…RESPONDENTS
THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.01.2021 PASSED IN RA.NO.11/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MAGADI. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED IN O.S.NO.125/1997 ON THE FILE OF THE II ADDITIONAL CIVIL JDUGE AND JMFC., MAGADI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:9620 RSA No. 1763 of 2021
JUDGMENT
Learned counsel for the appellants has filed a memo dated 09.01.2024 seeking withdrawal of the appeal, which read as under:-
"The appellants named above prays that this Honble court be pleased to permit them to Withdraw the above appeal as the appellant have filed a comprehensive suit for declaration and consequential relief in respect of the suit schedule property in O.S. No.17/2018 In the Court Of Senior Civil Judge And JMFC Magadi in the ends of justice and equity."
Sd/JUDGE
CR
List No.: 2 Sl No.: 6
1 provisions across 1 enactments
Sri. Siddarama
Smt. Kamala
Smt. Sharada
Sri. Puttaramu
Sri. Prakash
Smt. Channamma
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
