Sri M E Prasanna Kumar vs Sri Munivenkatappa
2022 Latest Caselaw 1233 Kant

                               1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF JANUARY, 2022

                         PRESENT

            THE HON'BLE MRS. JUSTICE S.SUJATHA

                              AND

             THE HON'BLE MR. JUSTICE M.I.ARUN

           REGULAR FIRST APPEAL NO.366/2019 (SP)

BETWEEN:

SRI M E PRASANNA KUMAR
AGED ABOUT 41 YEARS,
S/O M.R ETHIRAJALU NAIDU
R/AT NO.544, 7TH MAIN, 2ND CROSS,
HANUMANTHANAGAR, BANGALORE
REPRESENTED BY HIS
GENERAL POWER OF ATTORNEY HOLDER
SRI A RAJASHEKAR
AGED ABOUT 50 YEARS
S/O LATE APPURAO
R/AT NO.74/4, 3RD CROSS,
K.G.NAGAR, SOMURA PURA
BANGALORE - 560 019.
                                                ... APPELLANT
(BY SRI K.SUMAN, SENIOR ADVOCATE FOR
 SRI SIDDARTH SUMANN, ADV.)

AND:

1.     SRI MUNIVENKATAPPA
       AGED ABOUT 67 YEARS
       S/O LATE VENKATARAYAPPA

2.     SRI MUNIRAJU
       AGED ABOUT 42 YEARS,
       S/O MUNIVENKATAPPA,
                              2


3.    SMT. GOWRAMMA
      AGED ABOUT 31 YEARS,
      W/O MUNIRAJU,
      S/O MUNIVENKATAPPA,

4.    SRI MANJUNATH
      AGED ABOUT 36 YEARS,
      S/O MUNIVENKATAPPA,

5.    SMT. RATHNAMMA
      AGED ABOUT 35 YEARS,
      D/O MUNIVENKATAPPA,

6.    SRI BIRESHA
      AGED ABOUT 32 YEARS,
      S/O MUNIVENKATAPPA,

7.    SRI CHIKKANNA
      AGED ABOUT 64 YEARS,
      S/O MUNIVENKATAPPA,

8.    SMT. NARAYANAMMA
      AGED ABOUT 54 YEARS,
      W/O CHIKKANNA

9.    SRI MUNIKRISHNAPPA
      AGED ABOUT 33 YEARS,
      S/O CHIKKANNA

10.   SMT MALA
      AGED ABOUT 28 YEARS,
      W/O MUNIKRISHNAPPA

11.   SMT MANJULADEVI
      AGED ABOUT 28 YEARS,
      D/O CHIKKANNA

12.   SRI SANTHOSH KUMAR
      AGED ABOUT 27 YEARS,
      S/O CHIKKANNA

13.   SRI NAGARAJU @ NAGARAJAPPA
                              3


      AGED ABOUT 61 YEARS,
      W/O NAGARAJA

14.   SMT PARVATHAMMA
      AGED ABOUT 51 YEARS,
      W/O NAGARAJA @ NAGARAJAPPA

15.   SRI MANJUNATHA
      AGED ABOUT 31 YEARS,
      S/O NAGARAJA @ NAGARAJAPPA

16.   SMT SOWMYA
      AGED ABOUT 28 YEARS,
      D/O NAGARAJA @ NAGARAJAPPA

17.   SRI ANISKUMAR
      AGED ABOUT 25 YEARS,
      S/O NAGARAJA @ NAGARAJAPPA

18.   SMT NARAYANAMMA
      AGED ABOUT 58 YEARS,
      D/O LATE VENKATARAYAPPA

19.   SMT LAKSHMAMMA
      AGED ABOUT 55 YEARS,
      D/O LATE VENKATARAYAPPA,

20.   SMT GOWRAMMA
      AGED ABOUT 53 YEARS,
      D/O LATE VENKATARAYAPPA,

21.   SMT MOTAMMA @ RATHNAMMA
      AGED ABOUT 51 YEARS,
      D/O LATE VENKATARAYAPPA,

ALL ARE R/AT GANGAPURA VILLAGE,
NANDAGUDI HOBLI, HOSKOTE TALUK-560 114
BANGALORE RURAL DISTRICT
                                         ... RESPONDENTS
(R-2 SERVED.)
      THIS REGULAR FIRST APPEAL IS FILED U/S.96 R/W ORDER
XLI, RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
                                4


DATED 01.10.2018 PASSED IN OS.NO.275/2017 ON THE FILE OF
THE I ADDL.SENIOR CIVIL JUDGE, KOLAR DISMISSING THE
SUIT FOR RECOVERY OF MONEY.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, S.SUJATHA J, DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to withdraw the appeal.

Memo is placed on record. Permission is granted.

Accordingly, appeal stands dismissed as withdrawn.

Appellant is entitled to refund of court fee as per the

provisions of the Karnataka Court Fees & Suits Valuation Act,

1958. The same shall be transferred by the Registry to the

bank account of the appellant through RTGS after the details

of the account are furnished by the appellant.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR