The appellant filed a memo expressing no interest in continuing the regular second appeal and seeking its dismissal as not pressed. The Court permitted the withdrawal, dismissed the appeal, and directed the appellant to pay costs.
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NC: 2024:KHC:9434 RSA No. 357 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 357 OF 2022 (DEC/POS)
BETWEEN:
RAMESHA S/O ESHWARAPPA AGED ABOUT 52 YEARS, R/O KORANAHALLI VILLAGE AMRUTHAPURA HOBLI TARIKERE-577 228
…APPELLANT
(BY SRI. PRASAD B.S., ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
…RESPONDENTS
THIS RSA FILED UNDER SECTION 100 OF CPC 1908., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN RA.No.16/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL, JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.01.2013 PASSED IN OS.No.129/2007 ON THE FILE OF THE CIVIL JUDGE AND ADDITIONAL JMFC, TARIKERE, TRIAL COURT DISMISSED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL SUIT FOR DECLARATION AND POSSESSION.
NC: 2024:KHC:9434 RSA No. 357 of 2022
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
By order dated 09.01.2024 this Court has granted
two weeks time to comply with the office objections subject to payment of cost of Rs.1,000/-, making it clear that if the office objections were not complied with, the appeal would stand dismissed for non compliance of office objections.
2. A memo dated 25.01.2024 is filed by the
learned counsel for the appellant which reads as under:
“The Appellants herein not interest to continue the appeal, hence they want to withdraw the appeal. Hence this appeal may kindly be pleased to dismiss as not pressed. Hence this memo”.
3. Appeal is dismissed as withdrawn, however the
appellant shall pay the cost as directed within one week.
GSR:List No.: 2 Sl No.: 2
Sd/JUDGE
1 issue framed by the court
Whether the appellant is entitled to continue with the regular second appeal?
1 provisions across 1 enactments
Ramesha S/o Eshwarappa
Eshwarappa S/o Siddaramappa
Ravikumar S/o K.B. Chandrappa
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
