In this regular second appeal under Section 100 CPC, counsel for the appellant sought to withdraw the appeal. Upon confirmation of this decision, the High Court of Karnataka admitted the memo and dismissed the appeal as withdrawn.
The Regular Second Appeal is dismissed as withdrawn.
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NC: 2024:KHC:45799 RSA No. 258 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO. 258 OF 2019 (PAR)
BETWEEN:
R.RAJENDRA S/O LATE RAJKAN MODALIYAR, AGED ABOUT 64 YEARS, R/O SHARAVANA NILAYA, 2ND CROSS, UPPER HUTHA, BHADRAVATHI, PIN CODE-577 301.
…APPELLANT
(BY SRI. CHINMAY., ADVOCATE FOR SRI. R.GOPAL., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
S/O LATE SURYA PRAKASH, AGED ABOUT 45 YEARS, AGRICULTURIST/DRIVER, R/O H.L.C. NO.31/C, HUTHA COLONY, BHADRAVATHI, PIN CODE-577 301.
S/O LATE BALARAJ, AGED ABOUT 40 YEARS, WORKING AT SUBEX LTD., ECO SPACE, BANGALORE, C/O J.MASILAMANI, R/O KRISHNAMURTHY LAYOUT, BEHIND KOTI NURSING HOME,
NC: 2024:KHC:45799 RSA No. 258 of 2019
C N.CROSS ROAD, OLD TOWN, BHADRAVATHI, PIN CODE-577 301.
…RESPONDENTS
(BY SRI. SRI. B.R.RAGHAVENDRA., ADVOCATE FOR C/R1 & 2)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Chinmay., counsel on behalf of Sri.R.Gopal., for the appellant and Sri.B.R.Raghavendra., counsel for respondents 1 and 2 have appeared in person.
Counsel Sri.Chinmay., for the appellant submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn.
When queried, counsel Sri.Chinmay., submits that a conscious decision is taken to withdraw the appeal and if an order is passed, the appellant will not seek for recalling the same or file review petition.
NC: 2024:KHC:45799 RSA No. 258 of 2019
The oral submission made by counsel for the appellant
and the memo is placed on record.
The Regular Second Appeal is dismissed as withdrawn.
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 2 Sl No.: 35
1 issue framed by the court
Whether the regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908 should be dismissed as withdrawn based on the submissions of counsel and the filed memo.
1 provisions across 1 enactments
R.RAJENDRA
ARUN KUMAR
V.R.SANTHOSH
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
