Appellants in a regular second appeal arising from a partition decree and final decree proceedings filed a memo seeking withdrawal of the appeal. The court found the memo duly signed by the appellants and dismissed the appeal as withdrawn.
Appeal permitted to be withdrawn; pending I.As. dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 662 OF 2018 (PAR)
BETWEEN:
Digitally signed by SUMA B N Location: High Court of Karnataka
NC: 2024:KHC:6234 RSA No. 662 of 2018
…APPELLANTS
(BY SRI. VENKATESH R. BHAGAT, ADVOCATE)
AND:
KADTHABETTU VILLAGE, CHENNAITHODY VILLAGE, VAMADAPADAVU POST, BANTWAL TALUK-574324. DAKSHINA KANNADA DISTRICT.
NC: 2024:KHC:6234 RSA No. 662 of 2018
NO. 9 TO 12 ARE RESIDING AT PALDRODI HOUSE, PILIMOGHARU VILLAGE AND POST, VAMADAPADAVU POST, BANTWAL TALUK-574324. DAKSHINA KANNADA DISTRICT.
NO. 13 AND 14 ARE RESIDING AT AMEI HOUSE, ARIYADKA VILLAGE, THINGALADY POST, PUTTUR TALUK, D.K-574210.
NO. 13, 15 TO 17 ARE RESIDING AT KADTHALABETTU HOUSE, CHENNAITHODY VILLAGE, VAMADAPADABU POST, BANTWAL TALUK-574324. DAKSHINA KANNADA DISTRICT.
NO. 19 TO 24 ARE RESIDING AT PUDU VILLAGE, MARIPALLA,. BANTWAL TALUK, D.K.DISTRICT, PIN- 574324.
AGED ABOUT 69 YEARS, SHOP KEEPER, "RAJASHREE FRUITS AND JUICE CENTRE" SHANKAR EMPORIUM, OPP.K.M.C.HOSPITAL, ATTAVARA, MANGALORE, PIN- 575 001.
NO. 26 AND 27 ARE RESIDING AT KADTHALABETTU HOUSE, CHENNAITHODY VILLAGE, VAMADAPADAVU POST, BANTWAL TALUK-574324 DAKSHINA KANNADA DISTRICT.
…RESPONDENTS
(BY SRI. PRASANNA V. R., FOR C/R3)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC TO PRAYING TO CALL FOR THE RECORDS PERTAINING TO R.A. NO. 36/2017 ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU DATED 17.11.2017 AND ALSO ORDER PASSED IN FDP NO. 10/2017 DATED 27.02.2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL, DAKSHINA KANNADA, CHANNARAYAPATNA AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants Sri.Venkatesh.R.Bhagat appearing through video
conference submits that the memo has been filed seeking withdrawal of the appeal.
3. Memo is signed by appellant No.1(d) himself
and on behalf of appellant Nos.1(a), 1(b) and 1(c).
Accordingly, the appeal is dismissed as withdrawn.
In view of dismissal of the main appeal, all pending I.A's are dismissed.
Sd/JUDGE
NS CT:TSM List No.: 2 Sl No.: 2
Sri. K. Dogu Shetty (since dead) rep. by LRs - Smt. Shashikala, Sri. Yatheen D. Shetty, Smt. Yamini S. Rai, Sri. Yashwin Shetty D.
Smt. Prema Shetty
Sri. K. Mohana Shetty
Sri. K. Shivaji Shetty
Sri. K. Dinesh Shetty
Sri. Gangadhara Shetty
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
