S B Basavakumar vs G Basavangoud S/O Late G Krishna ...
2022 Latest Caselaw 2696 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH
       DATED THIS THE 17TH DAY OF FEBRUARY, 2022
                         BEFORE
 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
               R.S.A.NO.100644/2014 (S.P)
BETWEEN
1.   S.B.BASAVA KUMAR,
     S/O LATE S.B.DODDANAGOUDA
     SINCE DEAD NOW REPRESENTED BY

1(A)   SMT.MAMATHA W/O LATE S.B.BASAVA KUMAR,
       MAJOR, DOOR NO.1, WARD NO.1,
       SRIDHARGADDA VILLAGE,
       BALLARI TALUK.

1(B)   S.B.SHARAN MINOR REPRESENTED
       BY HIS M/G MOTHER 1(A).

2.     S.B.BANGAMMA,
       D/O LATE S.B.DODDENGOUDA,
       MAJOR, 42 YEARS, OCC: AGRICULTURE,
       R/O SRIDHARGADDA
       TALUKA & DIST: BELLARY-583101.
                                            ...APPELLANTS
(BY SRI P.H.GHOTKHINDI, ADVOCATE)

AND

G.BASAVANGOUD S/O LATE G.KRISHNA REDDY,
AGED : 72 YEARS, LANDLORD,
R/O RENUKANAGAR,
TALUR ROAD, BELLARY-583101.
                                       .... RESPONDENT
(BY V.SHIVARAJ HIREMATH, ADV.)

      THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, 1908 PRAYING THIS COURT TO SET
ASIDE THE JUDGEMENT & DECREE PASSED BY THE 1ST
ADDITIONAL    CIVIL  JUDGE   (JR.DN.), BALLARY  DATED
03.10.2013 IN O.S.NO.732/2010 AND AS AFFIRMED BY THE
PRINCIPAL SENIOR CIVIL JUDGE, BALLARY DATED 29.04.2014
INR.A.NO.122/2013 RESPECTIVELY IN THE INTEREST OF
JUSTICE.
                            2




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


                   : JUDGMENT :

Learned counsel appearing for the appellants has

filed a memo seeking permission of this Court to

withdraw of the appeal.

Memo is taken on record.

The appeal is dismissed as withdrawn.

Registry is directed to refund the Court fee in

favour of appellant No.2 in accordance with law, if law

permits.

SD/-

JUDGE EM