Sri. Sanjay S/O Basavant Shilare vs Smt. Asha W/O Basavant Shilare
2021 Latest Caselaw 3183 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 19 T H DAY OF AUGUST, 2021

                        PRESENT

        THE HON'BLE MR.JUSTICE B.VEERAPPA
                            AND
       THE HON'BLE MR.JUSTICE M.G.S. KAMAL

     R.F.A.No.100060/2018 [DECLN., PAR. & SEP. POSSN.]

BETWEEN:

SRI. SANJAY S/O BASAVANT SHILARE,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: PATIL HOUSE, CHAVANI ONI,
HOSAYALLAPUR, DHARWAD.                   ... APPELLANT

(BY SHRI S.C.BHUTI, ADV.)

AND:

1.     SMT. ASHA W/O BASAVANT SHILARE
       AGE 58 YEARS, OCC HOUSEWIFE,
       R/O GOUDA ONI, GULAGANJIKOPPA,
       DHARWAD-580001.

2.      SMT.SANGEETA W/O MARUTI LONDE,
       AGE: 38 YEARS, OCC: HOUSEWIFE,
       R/O: SAIDAPUR, DHARWAD-580001.

3.     SMT.SUNITA W/O SHIVAJI MARATE
       AGE: 35 YEARS, OCC: HOUSEHOLD,
       R/O: C/O. GOUDAR ONI,
       GULAGANJIKOPPA, DHARWAD-580001.
                              :2:


4.    THE MANAGER
      CORPORATION BANK,
      NEAR KITTEL COLLEGE,
      DHARWAD-580001.                ... RESPONDENTS

(BY SHRI M.C.HUKKERI, ADV. FOR R1 AND R3,
    SHRI ANOOP DESHPANDE, ADV. FOR R2,
    SMT.P.R.BENTUR, ADV. FOR R4)

     THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC
AGAINST THE JUDGMENT AND DECREE DATED 22.09.2017
PASSED IN O.S.No.254/2012 ON THE FILE OF THE III ADDL.
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
DHARWAD, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL COMING ON FOR ORDERS, THIS
DAY, B.VEERAPPA J., DELIVERED T HE FOLLOWING:

                        JUDGMENT

The present appeal is filed by the appellant/plaintiff

against the impugned judgment and decree dated

22.09.2017 made in O.S.No.254/2012 by the III Addl.

Senior Civil Judge and C.J.M., Dharwad, decreeing the suit

of the plaintiff in part holding that the plaintiff and

defendants 1 to 3 are entitled for 1/4th share in the suit

schedule B property and dismissing the claim of the

plaintiff in respect of suit schedule A property.

2. Learned counsel for the appellant/plaintiff has

filed a memo dated 19.08.2021 for withdrawal of the

appeal.

3. The said memo is placed on record.

4. The appeal is dismissed as withdrawn.

(Sd/-) JUDGE

(Sd/-) JUDGE

Jm/-