K V Deepak vs D Malleshi
2022 Latest Caselaw 3167 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

          DATED THIS THE 23RD DAY OF FEBRUARY 2022

                           BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                   RSA.NO.1469/2008 (RES)
BETWEEN

K V DEEPAK S/O K.G. VINAYAK,
HINDU, AGED ABOUT 40 YEARS
KASTURI DRESS MANUFACTUREERS
191, CAR STREET, BELLARY
                                                  ... APPELLANT

(BY SRI.K.RAGHAVENDRA RAO & SMT.V.VIDYA IYER, ADVS.)


AND

1.    D. MALLESHI
      S/O DODDA BASANNA
      HINDU, AGED ABOUT 49 YEARS
      PRIVATE EMPLOYEE
      R/O PINJAR LANEBELLARY

2.    D. MUKANNA
      S/O LATE ERANNA
      HINDU, AGED ABOUT 57 YEARS
      PRIVATE EMPLOYEE
      R/O PINJAR LANE, BELLARY

3.    D. BASANNA
      S/O LATE RANNAHINDU, AGED ABOUT 62 YEARS,
      MARCHANT, R/O PINJAR LANE, BELLARY

      D. SOMASEKHAR
      SINCE DECEASED BY HIS LRS
                                2




4.   SMT PUSHPA W/O LATE D SOMASEKARHINDU,
     AGED ABOUT 50 YEARS, HOUSEWIFE
     R/O PINJAR LANE, BELLARY

5.   MOHAN S/O LATE D SOMASEKHAR
     HINDU, AGED ABOUT 27 YEARS
     R/O PINJAR LANE, BELLARY

6.   SHIVA
     S/O LATE D SOMASEKHAR
     HINDU AGED ABOUT 25 YEARS
     R/O PINJAR LANE, BELLARY

7.   KUMARI LALITHA
     D/O LATE D SOMASEKHAR
     HINDU, AGED ABOUT 23 YEARS
     R/O PINJAR LANE, BELLARY

8.   SRINIVASA
     S/O D SIDDANNA
     HINDU, AGED ABOUT 34 YEARS
     PRIVATE EMPLOYEE
     R/O PINJAR LANE, BELLARY

                                                    ... RESPONDENTS
 (BY SRI.V.R.DATAR, ADV. FOR R2,
SRI.SHIVARAJ HIREMATH, ADV. FOR R4-R8,
R1 SERVED; R3 ABATED )

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC SEEKING
TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE
PRINCIPAL   CIVIL   JUDGE   (SR.DN.)    AND    CJM,    BELLARY    IN
R.A.NO.76/2004   DATED   12.03.2008    AND    THE   JUDGMENT     AND
DECREE PASSED BY THE II ADDITIONAL CIVIL JUDGE (JR.DN.)
BELLARY IN O.S.NO.447/2007 DATED 06.04.2004 AND ALLOW THIS
APPEAL WITH COSTS.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
                                  3




                           JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal on the ground that matter

is amicably settled.

Memo is placed on record.

The appeal is dismissed as withdrawn.

In view of dismissal of the appeal, all pending I.A's, if

any, do not survive for consideration and the same are

dismissed.

Sd/-

JUDGE MBS/-