The High Court of Karnataka dismissed a regular second appeal as withdrawn by the appellant, granting liberty to the appellant to file fresh appeals. The order was delivered on March 14, 2024.
The appeal is dismissed as withdrawn with liberty to file fresh appeals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:10702 RSA No. 178 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 178 OF 2024
BETWEEN:
THIRUMALA BABU, SON OF SHRI. M.V. NAIDU, AGED ABOUT 60 YEARS, RESIDING AT NO.119, 5TH CROSS, MODEL HOUSE, INDIRANAGAR, NAZARBAD MOHOLLA, MYSURU - 570 010.
…APPELLANT
(BY SRI. SAMARTHA S., ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
NC: 2024:KHC:10702 RSA No. 178 of 2024
…RESPONDENTS
(BY SRI. N.K. RAMESH, ADVOCATE)
THIS RSA FILED UNDER SECTION 100 CPC PRAYING TO PASS A JUDGEMENT AND DECREE SETING ASIDE THE ORDER DATED 11.12.2020 IN O.S.NO.295/2020 AND THE ORDER DATED 16.07.2021 IN O.S.NO.265/2021 PASSED BY THE HON'BLE I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MYSORE AND SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSORE IN R.A.NO.333/2021 AND R.A.NO.334/2021 DATED 21.09.2023 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Memo dated 05.03.2024 is filed by the learned
counsel for the appellant, which read as under:-
"The Appellant states that on 29.01.2024 the Appellant had filed a Regular Second Appeal with R.S.A. No.178/2024 before the Hon'ble High Court of Karnataka, Bangalore challenging two regular Appeals together. Thereafter, after the clarification and objections raised by the registry regarding the maintainability of the Appeal the Appellant is intending to withdraw this Appeal and will be filing two fresh Appeals.
NC: 2024:KHC:10702 RSA No. 178 of 2024
Therefore, the Appellant prays before this court to withdraw the above Appeal with liberty to file fresh Appeals in the interest of justice."
sought for.
Sd/JUDGE
CR, List No.: 1 Sl No.: 10
Thirumala Babu
Shri. Kanterav Narasimharaja Sports Club
Shri. Sanjay K. Shetty
Shri. Somashekar M.C
Shri. Sunil Baliga
Shri. Sanjay Urs T.H.
M.G.S. Kamal
As recorded by the court registry
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