The Mudalagi Education Society, vs Shivanand
2021 Latest Caselaw 309 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 6 T H DAY OF   JANUARY, 2021

                         PRESENT

     THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                           AND

            THE HON'BLE MR.JUSTICE P.N.DESAI

               R.F.A.NO.100260/2016 (MON)

BETWEEN:

THE MUDALAGI EDUCATION SOCI ETY,
MUDALAGI, GOKAK TALUK ,
BELAGAVI DISTRICT, R/ BY ITS CHAI RMAN
SUBHASH S/O RAMACHANDRAPPA SONAWALKAR,
AGE: 53 YEARS, R/O MUDALAGI,
TQ: GOKAK, DISTRICT: BELAGAVI .
                                              ... APPELLANT

(BY SRI. JAGADISH PATI L, ADVOCATE)

AND:

1.     SHIVANAND S/O BHIMAPPA GURAV,
       AGE: 52 YEARS,
       OCC: RUNNING EDUCATION INSTITUTION,
       R/O KOLIGUD, RAI BAG TALUK,
       BELAGAVI DISTRICT.

2.     BHIMAPPA S/O DUNDAPPA GURAV,
       AGE: 62 YEARS,
       OCC: RUNNING EDUCATION INSTITUTION,
       R/O KOLIGUD, RAI BAG TALUK,
       BELAGAVI DISTRICT.
                                         ... RESPONDENTS

(BY SRI. SHIVARAJ S.BALLOLI , ADVOCATE FOR R2;
R1 DECEASED)
                                     :2:



     THIS REGULAR FI RST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF C.P.C., AGAINST THE
JUDGMENT AND DECREE DATED 30.09.2015 PASSED IN
O.S.NO.157/2012 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE, GOKAK, ALLOWING T HE I .A.NO.II FILED UNDER
ORDER VII RULE 11(a) OF C.P.C.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
SREENIVAS HARISH KUMAR J., MADE THE FOLLOWING:

                                ORDER

The counsel for the appellant has filed a memo

stating that the appellant wants to withdraw the appeal.

Memo is placed on record. Appeal is dismissed as

withdrawn.

Refund entire Court fee to the appellant as per

amendment brought to Section 66 of the Karnataka Court

Fees and Suits Valuation Act.

SD/-

JUDGE

SD/-

JUDGE

CLK