C.Shivananda vs M.D.Boralingaiah
2022 Latest Caselaw 778 Kant

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF JANUARY, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

               R.S.A. No.2249/2017 (SP)

BETWEEN:

       C.SHIVANANDA,
       SINCE DECEASED BY HIS LRs.
1.     M.D.PREMALATHA,
       W/O C.SHIVANANDA,
       AGE:50 YEARS,

2.     HARSHITHA.K.S.,
       D/O C.SHIVANANDA,
       AGE:20 YEARS

3.     NITHIN.K.S
       S/O C.SHIVANANDA,
       AGE:18 YEARS,

       ALL ARE R/O KALLAHALLI VILLAGE,
       BHADRAVATHI TALUK - 577 229.
       SHIMOGA DISTRICT.
                                         ... APPELLANTS

(BY SRI. B.S.PRASAD, ADVOCATE)

AND:

1.     M.D.BORALINGAIAH,
       S/O LATE DEVEGOWDA,
       OCC:BUSINESS,
       R/O ARAKESWARA NILAYA,
       3RD CROSS, UPPER HUTHA,
                               2



     BHADRAVATHI - 577 301.

2.   B.DINESH,
     S/0 LATE BETTEGOWDA,
     R/O MOSARAHALLI VILLAGE,
     BHADRAVATHI TALUK 577 301.
     SHIMOGA DISTRICT.
                                          ... RESPONDENTS


     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2017
PASSED IN REGULAR APPEAL No.108/2013 ON THE FILE OF
THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIMOGA,
SITTING AT BHADRAVATHI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED
31.01.2013 PASSED IN O.S.No.63/2003 ON THE FILE OF THE
C/C. PRINCIPAL SENIOR CIVIL JUDGE AND JMFC,
BHADRAVATHI.

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

                        JUDGMENT

The learned counsel for the appellants has filed a memo

seeking permission to withdraw the appeal.

The memo is accepted and the appeal is dismissed as

withdrawn.

The Office is directed to refund the entire court fee to

the appellants in accordance with the provisions of Section 66

of the Karnataka Court Fee and Suits Valuation Act, 1958 as

amended by Karnataka Act No.37 of 2020.

Sd/-

JUDGE

RK CT:SN