Modinsab Mohammadsab Mokashi vs Madarsa S/O Ummarsa Managuli And ...
2021 Latest Caselaw 6226 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 15TH DAY OF DECEMBER, 2021

                       BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

                RFA No.200090/2021

BETWEEN

MODINSAB MOHAMMADSAB MOKASHI
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. SHIVANAGI VILLAGE,
TQ. AND DIST. VIJAYAPURA.
                                        ...APPELLANT

(BY SRI MANVENDRA REDDY, ADVOCATE)

AND

1.     MADARSA S/O UMMARSA MANAGULI
       AGE. 54 YEARS, OCC. AGRICULTURE,
       R/O. NH-13 ROAD, OPP. HAMAL COLONY,
       VIJAYAPURA.

2.     RAJAKSAB UMMARSA MANAGULI
       AGE. 52 YEARS, OCC. AGRICULTURE
       AND BUSINESS, R/O. NH-13 ROAD,
       OPP. HAMAL COLONY, VIJAYAPURA.
                                      ...RESPONDENTS

    THIS RFA IS FILED U/O XLI RULE 1 R/W SEC. 96 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
31.08.2021 PASSED IN O.S.NO. 132/2018 ON THE FILE OF
IV ADDL. SENIOR CIVIL JUDGE, VIJAYAPUR, PARTLY
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DECREED THE SUIT FOR SPECIFIC PERFORMANCE OF
CONTRACT.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-

                       JUDGMENT

The learned counsel for the appellant files a memo to

withdraw the appeal to present it before the District Court

in view of the valuation of the subject matter being

`10,00,000/-.

The memo is taken on record.

The appeal is dismissed as withdrawn with liberty as

prayed for.

Registry is directed to return the original/certified

copies of the document, if any.

Sd/-

JUDGE

Srt