Sri Mallikarjunaiah vs Sri Nandish Kumar
2021 Latest Caselaw 6312 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF DECEMBER, 2021

                       BEFORE

      THE HON'BLE MR. JUSTICE E.S.INDIRESH

    REGULAR SECOND APPEAL No.1801 OF 2016


BETWEEN:

  1. SRI.MALLIKARJUNAIAH
     S/O LATE SHIVAPPA,
     AGED ABOUT 48 YEARS.

  2. SRI. CHANDRAIAH
     S/O LATE SHIVAPPA,
     AGED ABOUT 43 YEARS.

  3. SRI. PRAKASH
     S/O LATE SHIVAPPA,
     AGED ABOUT 33 YEARS.

  4. SMT. PARVATHAMMA,
     D/O LATE SHIVAPPA,
     AGED ABOUT 57 YEARS.

  5. SMT. GOWRAMMA
     D/O LATE SHIVAPPA,
     AGED BOUT 46 YEARS.

    ALL ARE RESIDING AT
    KENCHANAKUPPE VILLAGE,
    BIDADI HOBLI,
    RAMANAGARA TALUK & DISTRICT-562 117.

                                           ... APPELLANTS

(BY SRI GIRISH B. MANGANNAVAR, ADVOCATE)
                            2


AND:

  1. SRI. NANDISH KUMAR,
     S/O K.M. MALLESH
     AGED ABOUT 26 YEARS,
     RESIDING AT
     KENCHANAKUPPE VILLAGE,
     BIDADI HOBLI,
     RAMANAGARA TALUK
     AND DISTRICT-562 117.

  2. SRI. K.S. MALLESH,
     S/O LATE SHIVAPPA,
     AGED ABOUT 50 YEARS,
     RESIDING AT
     KENCHANAKUPPE VILLAGE,
     BIDADI HOBLI,
     RAMANAGARA TALUK & DISTRICT-562 117.

                                          ... RESPONDENTS

(BY SRI K. SHANTHARAJ, ADVOCATE FOR R1;
APPEAL AGAINST R2 IS DISMISSED)



     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT & DECREE DATED 27TH SEPTEMBER, 2016 PASSED IN
REGULAR APPEAL NO. 87 OF 2013      ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA,
DISMISSED THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 20TH JULY, 2012 PASSED IN ORIGINAL SUIT
NO.96 OF 2007 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
AND JMFC, RAMANAGAR.


    THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT, DELIVERED THE FOLLOWING:
                                3



                        JUDGMENT

Learned counsel for the appellants filed memo dated

14.12.2021 seeking leave of the Court to withdraw the appeal as

not pressed. Memo is accepted.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

ARK