Appellant in a regular second appeal against a decree for partition filed a memo seeking withdrawal of the appeal as not pressed; no objection from respondents; the High Court dismissed the appeal as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 291 OF 2022
BETWEEN:
SRI V HOMBEGOWDA S/O LATE VENKATAPPA, AGED ABOUT 63 YEARS, R/AT IMMADIHALLI VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK.
…APPELLANT
(BY SRI. SHIVASHANKAR K.,ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
NC: 2024:KHC:6771 RSA No. 291 of 2022
AGED ABOUT 33 YEARS, R/AT IMMADIHALLI VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK.
4 (a). VENKATAMMA,
W/O LATE VENKATARAMANAPPA, AGED ABOUT 75 YEARS, R/AT IMMADIHALLI VILLAGE, NEAR ANJINEYASWAMY TEMPLE, K R PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU.
4(b). SRI.SRINIVASA,
S/O LATE VENKATARAMANAPPA, AGED ABOUT 60 YEARS, R/AT IMMADIHALLI VILLAGE, NEAR ANJINEYASWAMY TEMPLE, K R PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU.
4(c). SMT.MANJULA, D/O LATE VENKATARAMANAPPA, W/O ANANDA AGED ABOUT 58 YEARS, R/AT BODANAHOSAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.
NC: 2024:KHC:6771 RSA No. 291 of 2022
4(d). SRI.VENUGOPAL, S/O LATE VENKATARAMANAPPA, AGED ABOUT 60 YEARS, R/AT IMMADIHALLI VILLAGE, NEAR ANJINEYASWAMY TEMPLE, K R PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU.
4(e). SRI.RAMEGOWDA, S/O LATE VENKATARAMANAPPA, AGED ABOUT 50 YEARS, R/AT IMMADIHALLI VILLAGE, NEAR ANJINEYASWAMY TEMPLE, K R PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU.
…RESPONDENTS
(BY SRI. NARAYANA T H.,ADVOCATE FOR RESPONDENT NO.1 TO 3, SRI.C.M.NAGABUSHANA, ADVOCATE FOR RESPONDENT NOS.4(a) TO 4(e))
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.02.2022 PASSED ON I.A.1 AND 2 IN RA.No.1/2021 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT BANGALORE, DISMISSING THE I.A.NO.1 AND 2 AND DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.02.2012 PASSED IN OS.No.552/2003 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU (R) DISTRICT, BENGALURU DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:6771 RSA No. 291 of 2022
JUDGMENT
Sri.Shivashankar.K, learned counsel for the appellant files a memo dated 16.02.2024 which reads as under:
"The Appellant has filed the above appeal challenging the order passed by the 6th Addl. District and Session Judge Bengaluru Rural District at Bengaluru in R.A.No.1/2021 dt.7/2/2022 and the Judgment and decree passed by the court of the 2nd Addl. Senior Civil Judge Bengaluru Rural District at Bengaluru in O.S.No.552/2003 dt.7/2/2012. Now at this stage the Appellant has not interested to prosecute the Appeal, therefore this Hon'ble court be pleased to permit the Appellant to withdraw the above Appeal as not pressed, in the interest of justice and equity."
NC: 2024:KHC:6771 RSA No. 291 of 2022
Appeal is dismissed as withdrawn.
Sd/JUDGE
RL
List No.: 2 Sl No.: 26
1 provisions across 1 enactments
Sri V Hombegowda
Smt Hemavathi
Sri Maruthi
Smt Lakshmi
Sri Venkataramanappa (dead) by his LRs
M.G.S. Kamal
As recorded by the court registry
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