Smt. Radhamma C M vs Sri Muniramaiah
2022 Latest Caselaw 650 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

               M.F.A NO.255/2022 (CPC)


BETWEEN:

SMT. RADHAMMA C.M.
D/O MUNIRAMAIAH
AGED ABOUT 45 YEARS
R/AT CHEEMASANDRA VILLAGE,
BIDARAHALLI HOBLI, VIRGO
NAGAR POST, BENGALURU EAST
TALUK, BENGALURU - 560 049.
                                         ...APPELLANT
(BY SMT. SUDHA D, ADVOCATE)


AND:

1.     SRI. MUNIRAMAIAH
       S/O LATE SAI NAGAPPA
       AGED ABOUT 80 YEARS

2.     SRI. SIDDARAMAIAH
       S/O MUNIRAMAIAH
       AGED ABOUT 55 YEARS

3.     SRI. M.RAMESH
       S/O MUNIRAMAIAH
       AGED ABOUT 52 YEARS

4.     SRI. M.RAMAMURTHY
       S/O MUNIRAMAIAH
       AGED ABOUT 50 YEARS
                              2




5.    SRI. M.NANJAPPA
      S/O MUNIRAMAIAH
      AGED ABOUT 45 YEARS

6.    SRI. C.M.RAJU
      S/O SRI. MUNIRAMAIAH
      AGED ABOUT 42 YEARS

7.    SMT. MUNIRATHNAMMA
      D/O MUNIRAMAIAH
      AGED ABOUT 57 YEARS

      ALL ARE RESIDING AT
      CHEEMASANDRA VILLAGE,
      BIDARAHALLI HOBLI, VIRGO
      NAGAR POST, BENGALURU EAST
      TALUK, BENGALURU - 560 049
                                          ... RESPONDENTS
      (BY SRI. N.S.BHAT, ADV FOR C/R1 TO R6)

     THIS MFA FILED UNDER ORDER 43 RULE 1 OF CPC,
AGAINST THE ORDER DATED 02.12.2021 PASSED ON I.A.
NO. II IN O.S.NO. 1754/2019 ON THE FILE OF THE
II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING I.A. NO.II FILED UNDER
ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

     THIS MFA COMING ON FOR 'ORDERS' THIS DAY, THE
COURT MADE THE FOLLOWING:

                       JUDGMENT

Learned counsel for the appellant appearing through

video conferencing seeks permission to withdraw the

appeal with liberty to file an appeal before the appropriate

forum.

2. The submission is placed on record.

The appeal is dismissed as withdrawn with the

aforesaid liberty.

Sd/-

JUDGE ssb