Hanumavva W/O Bharamappa Budder vs Guddappa S/O Ningappa
2022 Latest Caselaw 3529 Kant

     IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

         DATED THIS THE 2 N D DAY OF MARCH, 2022

                           BEFORE

         THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

                R.S.A. NO.100598/2014 (FDP)

BETWEEN

1.     HANUMAVVA W/O BHARAMAPPA BUDDER,
       AGE: ABOUT 58 YEARS,
       OCC: AGRICULT URE, R/O: BHOGAVI ,
       TQ: HIREK ERUR, DIST: HAVERI - 581 110.

2.     GANGAVVA D/O NI NGAPPA BATTURI ,
       AGE: ABOUT 52 YEARS,
       OCC: AGRICULT URE, R/O: BHOGAVI ,
       TQ: HIREK ERUR, DIST: HAVERI - 581 110.
                                                 ...APPELLANTS
(BY SRI S. G. KADADAKATTI AND
    SRI LINGESH V. KATTEMANE, ADVOCATES)
AND
GUDDAPPA S/O NINGAPPA BATTURI ,
AGE: ABOUT 61 YEARS, OCC: AGRICULTURE,
R/O: BHOGAVI , TQ: HIREKERUR,
DIST: HAVERI - 581 110.
                                              ....RESPONDENT


     THIS RSA FILED UNDER SECTION 100 OF CPC AGAI NST
THE JUDGEMENT AND DECREE DATED 11.07.2014 PASSED BY
THE COURT OF SENIOR CIVI L JUDGE AND JMFC, HI REKERUR,
IN R.A.NO.71/2011 BY SETTING ASIDE THE ORDER DATED
05.03.2012/24.01.2014 PASSED BY THE CIVIL JUDGE(JR.DN.)
& JMFC, HIREKERUR, IN FDP 5/2000 BY ALLOWING THIS
APPEAL IN THE ENDS OF JUSTICE.

    THIS RSA COMING ON FOR ORDERS THIS DAY, T HE
COURT , DELIVERED THE FOLLOWING:
                               2




                         JUDGMENT

Learned counsel for appellants has filed a memo

which reads as under:

"The Appellants most respectfully submit as under:

That the appellants have challenged the order passed in R.A.No.71/2011 dated 11.07.2014 and the Respondent before the trial Court did not appear and the F.D.P.5/2000 came to be dismissed and in view of that the appellants are not willing to prosecute the appeal and same may be permitted to withdraw in the ends of justice and equity by allowing this memo."

In view of memo, appeal is dismissed as withdrawn.

Sd/-

JUDGE

BVK