Second appeal dismissed as withdrawn on memo of appellant's counsel following death of contesting Respondent No.1 on 09.07.2025; Section 100 CPC; RA No.16/2021; O.S.No.455/2010; Bhadravathi courts; MESCOM; Karnataka High Court; no issues framed, no merits decided, no ratio.
Withdrawal of the appeal permitted; appeal dismissed as withdrawn. ¶34
Placing the memo on record, the appeal is dismissed as withdrawn; no issue on merits was framed or decided. ¶34
NC: 2025:KHC:31947 RSA No. 285 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 285 OF 2024 (INJ)
BETWEEN:
SRI V RAVI KUMAR S/O LATE M VENKATESH, AGED ABOUT 52 YEARS, R/AT D NO. 1586/1, 4TH CROSS, NMC LEFT SIDE, BHADRAVATHI-577301
…APPELLANT
(BY SRI VENKATESHA T S, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
NC: 2025:KHC:31947 RSA No. 285 of 2024
HC-KAR
NEW TOWN, BHADRAVATHI-577301
…RESPONDENTS
(BY SRI PADMA S. UTTUR, ADVOCATE FOR R3;
VIDE ORDER DATED 16.06.2025, NOTICE TO R2 DISPENSED WITH; R1-M.SEGAR-SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 03.11.2023 PASSED IN RA NO.16/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2021 PASSED IN O.S.NO.455/2010 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant has filed memo, which
reads as under:
“The undersigned counsel for the Appellant on instructions submits that the contesting Respondent No.1 has passed away on 09.07.2025 and the Appellant does not want to continue/proceed with the above Appeal. Therefore the Appellant wants to withdraw the Appeal and the same may be allowed in the interest of justice.”
NC: 2025:KHC:31947 RSA No. 285 of 2024
HC-KAR
withdrawn .
Sd/(V SRISHANANDA) JUDGE
MR
1 provisions across 1 enactments
How this case reached the court
Judgment and decree dated 03.11.2023 in RA No.16/2021 allowing the first appeal and setting aside the judgment and decree dated 19.04.2021 in O.S.No.455/2010.¶25
Additional Senior Civil Judge and JMFC, Bhadravathi · 03.11.2023
Trial court: O.S.No.455/2010 on the file of the II Additional Civil Judge and JMFC, Bhadravathi ended in judgment and decree dated 19.04.2021, which was subsequently set aside in first appeal.¶25
First appeal RA No.16/2021 was allowed by the Additional Senior Civil Judge and JMFC, Bhadravathi vide judgment and decree dated 03.11.2023.¶25
In the present appeal, notice to Respondent No.2 was dispensed with vide order dated 16.06.2025; Respondent No.1 stood served.¶24
When the appeal came on for orders, learned counsel for the appellant filed a memo stating that the contesting Respondent No.1 had passed away on 09.07.2025 and that the appellant wished to withdraw the appeal.¶30
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
