S M Mallikarjuna v. S B Veerabhadrappa
Case brief
What is this about?
Withdrawal of regular second appeal at admission stage on counsel's memo; dismissal as withdrawn, no merits adjudication. Key terms: RSA No.2074 of 2021 (DEC/INJ); High Court of Karnataka; V. Srishananda, J.; Section 100 r/w Order 41 Rule 2 CPC; judgment and decree dated 10.03.2021 in RA.No.79/2017 (III Addl. Senior Civil Judge, Kolar); decree dated 15.04.2017 in O.S.No.793/2008 (II Addl. Civil Judge and JMFC, Kolar); later suit O.S.No.213/2022 with proposed counter-claim by appellants; parties: S.M. Mallikarjuna, S.M. Gnanashekar, Vishwanatha S.M., Prakash S M, Mahadevamma (and Nagarathnamma, dead without heirs) v. S.B. Veerabhadrapappa, Manjuladevi, minors Lisha and Chaitra, Special Land Acquisition Officer, KSIDB, Gayithramma, S.V. Vinodh, S.V. Vikas.
What did the court decide?
Leave to withdraw the appeal as prayed in the memo; appeal dismissed as withdrawn without decision on merits, the appellants indicating they will pursue relief (counter-claim) in O.S.No.213/2022.