Ramappa S/O Lakkappa Tamadaddi vs The Commissioner
2022 Latest Caselaw 10756 Kant

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                                     RSA No. 100612 of 2022




IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 13TH DAY OF JULY, 2022

                          BEFORE
          THE HON'BLE MR JUSTICE E.S.INDIRESH
       REGULAR SECOND APPEAL NO. 100612 OF 2022
                        (PAR/INJ-)
BETWEEN:

     RAMAPPA S/O LAKKAPPA TAMADADDI,
     AGE: 76 YEARS, OCC: WEAVER,
     R/O: BANAHATTI,TQ: JAMKHANDI,
     DIST: BAGALKOT, PIN-587301.

                                                ...APPELLANT
(BY SRI. SHIVARAJ P. MUDHOL AND
 SRI. SHIVANAND MALASHATTI, ADVOCATES)

AND:


1.   THE COMMISSIONER,
     RABAKAVI-BANAHATTI,
     CITY MUNICIPAL COUNCIL,
     RAMPUR-RABAKAVI,TQ:JAMAKHANDI,
     DIST:BAGALKOT, PIN.587301

2.   THE STATE OF KARNATAKA
     REPRESENTED BY DEPUTY COMMISSIONER
     BAGALKOT, TQ:BAGALKOT
     DIST:BAGALKOT PIN. 587101

3.   THE CITY SURVEYOR,
     RABAKAVI-BANAHATTI,
     CITY SURVEY OFFICE,
     RAVAKAVI,TQ:JAMKAHANDI
     DIST:BAGALKOT, PIN. 587301

4.   HANAMANTH S/O GANGAPPA SHEGUNASHI
     ALIAS MOPAGAR, AGE:34 YEARS,
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                                        RSA No. 100612 of 2022


      OCC. WEAVER, R/O. MOPAGAR GALLI
      BANAHATTI, TQ:JAMKAHANDI
      DIST:BAGALKOT PIN. 587301

                                                ...RESPONDENTS
      THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 17.07.2021 PASSED IN
R.A.NO.1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS COURT, BANAHATTI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 05.12.2016, PASSED IN O.S. NO.27/2013 ON THE
FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS
COURT, BANAHATTI, DISMISSING THE SUIT FILED FOR PERMANENT
INJUNCTION.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY. THE
COURT DELIVERED THE FOLLOWING.


                           ORDER

Learned counsel for the appellant has filed a memo

dated 13.07.2022 seeking leave of this Court to withdraw

the appeal, with liberty to file a comprehensive suit

seeking relief of declaration.

The said memo is taken on record.

Accepting the submission and the memo dated

13.07.2022, the appeal is dismissed as withdrawn.

Sd/-

JUDGE SVH