Smt.Sunanda L Devadiga vs Mrs Prema Devadiga

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF JANUARY, 2021

                       BEFORE

    THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO

                   R.S.A.No.13/2010

BETWEEN:

SMT.SUNANDA L DEVADIGA
W/O LOHITHAKSHA. K DEVADIGA
AGED ABOUT 46 YEARS,
RESIDING NEAR KAVOOR TANK,
KAVOOR POST AND VILLAGE
MANGALORE TALUK
DAKSHINA KANNADA - 575 001.
                                       ...APPELLANT

(BY SRI O SHIVARAMA BHAT, ADVOCATE)

AND:

1 . MRS. PREMA DEVADIGA
W/O VAMANA DEVADIGA,
MAJOR

2 . SUBBALAKSHMI
AGED 32 YEARS

3 . DAYAVATHI
AGED 30 YEARS

4 . VASUDHA
AGED 28 YEARS
                             2


5 . CHANDRAKANTHA
AGED 27 YEARS

ALL ARE RESIDING AT NEAR
KAVOOR TANK, KAVOOR POST
AND VILLAGE, MANGALORE TALUK,
D.K.- 575 001.
                                  ...RESPONDENTS

(BY SRI CYRIL PRASAD PAIS, ADVOCATE)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED:22.08.2009
PASSED IN R.A.No.149/2003 ON THE FILE OF THE II
ADDITIONAL CIVIL JUDGE (SR.DN), MANGALORE , D.K.,
DISMISSING THE APPEAL AND CONFIRMING JUDGMENT
AND     DECREE     DATED:07.04.2003   PASSED     IN
O.S.165/1999 ON THE FILE OF THE II-ADDITIONAL CIVIL
JUDGE, (JR.DN), MANGALORE, D.K. C/C.


     THIS RSA COMING ON FOR ORDERS THIS DAY, THE
COURT THROUGH VIDEO CONFERENCE AT BENGALURU
DELIVERED THE FOLLOWING:


                      JUDGMENT

Learned counsel for appellant has filed a memo seeking permission to withdraw the appeal with a liberty to file a comprehensive suit for declaration and other consequential relief of injunction. 3

Memo is placed on record.

Appeal is dismissed as withdrawn with liberty to the appellant to file a fresh suit. However, within the period provided under the Limitation Act excluding the time spent before this court.

Sd/-

JUDGE SBN