Smt.Sunanda L Devadiga vs Mrs Prema Devadiga
2021 Latest Caselaw 944 Kant

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.

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Appeal is dismissed as withdrawn with liberty to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