Appellants in a regular second appeal sought withdrawal of the appeal through a memo and affidavits. The High Court recorded the counsel's submissions and dismissed the appeal as withdrawn.
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NC: 2024:KHC:44677 RSA No. 321 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 321 OF 2019 (SP)
BETWEEN:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
(BY SRI. PRASANNA.V.R., ADVOCATE)
AND:
…APPELLANTS
NC: 2024:KHC:44677 RSA No. 321 of 2019
R/AT DOOR NO.23, MANGALAGANGOTRI, KONAJE, MANGALORE. D.K.DISTRICT-574 199.
AGED ABOUT 50 YEARS, R/AT KANAPADE, NAVOOR VILLAGE & POST, BANTWAL TALUK, D.K.DISTRICT-574 211.
…RESPONDENTS
(BY SRI. RAKSHITH KUMAR., ADVOCATE FOR R3 & 8; SRI. H.B.RAJU., ADVOCATE FOR R1; R4, 5, 7 ARE SERVED; R3 TO 5 & 8 ARE LR'S OF DECEASED R6)
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 ORDER, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Prasanna.V.R., counsel for the appellants and Sri.Rakshith Kumar., counsel for respondents 3 and 8 have appeared in person.
Counsel for the appellants submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel further submits that the appellants have sworn to an affidavits in this regard. Counsel therefore, submits that the memo and the affidavits may be placed on record and the appeal may be dismissed as withdrawn.
When queried, counsel Sri.Prasanna.V.R., submits that the appellants have taken a conscious decision to withdraw the appeal and if an order is passed, they will not seek for recalling of the order or file Review Petition.
The oral submission made by counsel for the appellants and the memo and affidavits are placed on record.
The Regular Second Appeal is dismissed as withdrawn .
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 11
1 provisions across 1 enactments
Mr Mohammed Farooq s/o Mr Aboobakkar
Mr N. Babu s/o Aitha Mugera
Smt Nagaveni P d/o Late Kunda
Smt Seethu d/o Late Adru Mugera
Mr M. Sundara s/o Late Adru Mugera
Mr Ramesh s/o Late Adru Mugera
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
