Vijay S/O Sitaram Goundwadkar vs Krishna S/O Vaiju Kindekar
2022 Latest Caselaw 254 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 06TH DAY OF JANUARY, 2022
                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

              R.S.A. No.100123/2015 (SP)

BETWEEN

SRI. VIJAY S/O SITARAM GOUNDWADKAR
AGE:49 YEARS, OCC:AGRICULTURE
& SERVICE, R/O H.NO.718/1
ANGOL ROAD, BELAGAVI
PRESENTLY RESIDING AT MUMBAI.
                                            ...APPELLANT
(BY SRI.M.H.PATIL, ADVOCATE)

AND

SRI. KRISHNA S/O VAIJU KUNDEKAR
AGE: 62 YEARS, OCC: AGRICULTURE
R/O NO.385, KURUBAR GALLI
VADAGAON, BELAGAVI
PIN CODE-590006.
                                           ...RESPONDENT
(BY SRI.SHIVARAJ.S.BALLOLI, ADVOCATE)

      THIS APPEAL IS FILED U/S.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE PASSED BY III ADD.SENIOR CIVIL
JUDGE, BELAGAVI IN O.S.NO.155/2009 DATED 30.11.2010 &
THAT OF JUDGMENT & ORDER PASSED BY THE I
ADDL.DISTRICT JUDGE, BELAGAVI IN R.A.NO.72/2011 DATED
06.12.2013 MAY KINDLY BE SET-ASIDE & THE APPEAL MAY
KINDLY BE ALLOWED AND THE RESPONDENT AMY KINDLY BE
DIRECTED TO PERFORM HIS PART OF CONTRACT I.E., TO
EXECUTE THE SALE DEED AS PER THE AGREEMENT OF SALE
DATED 07.06.2007 AND CONTINUATION OF AGREEMENT OF
SALE DATED 19.06.2009 IN THE INTEREST OF JUSTICE &
EQUITY.
                             2




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


                        JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal the appeal.

Memo is placed on record. The appeal is dismissed

as withdrawn.

Registry is directed to refund the admissible Court

fee to the appellant.

SD/-

JUDGE

am