Vijay S/O Shivanand Palekar vs Jagadguru Sri Gurusidda ...
2022 Latest Caselaw 3722 Kant

                              1


            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

        DATED THIS THE 04TH DAY OF MARCH, 2022

                          PRESENT
       THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
               RSA NO.100756 OF 2015 (EVI)
BETWEEN:

VIJAY S/O.SHIVANAND PALEKAR
AGE: 58 YEARS, OCC: BANK EMPLOYEE,
R/O: MUNICIPAL NO.10749, C.T.S. NO.1469/6,
MURSAVIRAMATH CHAWL,
HUBBALLI-580 028.
                                              ...APPELLANT

(BY SRI. S. L. MATTI, ADV.)

AND

JAGADGURU SRI GURUSIDDA RAJAYOGINDRA
MAHASWAMIGALU, MURUSAVIRMATH,
HUBBALLI-580 028.
                                             ...RESPONDENT

     THIS APPEAL IS FILED UNDER SECTION 100 OF THE CPC,
AGAINST JUDGMENT AND DECREE DATED 31.08.2015 PASSED
IN R.A. NO.3/2014, ON THE FILE OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT
HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 13.11.2013, PASSED IN SMALL
CAUSE SUIT NO.26/2012 ON THE FILE OF THE I ADDITIONAL
CIVIL JUDGE, HUBBALLI, DECREEING THE SUIT FILED FOR
POSSESSION AND MESNE PROFIT.
                                     2

    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, K.S.
HEMALEKHA, MADE THE FOLLOWING:

                                 ORDER

Learned counsel for the appellant files a memo which

reads as hereunder:

"This is the matter pertaining to the Land Lord and tenant dispute, the appellant is the tenant respondent is a Land Lord. That the Land Lord has taken the possession of disputed property. Hence, this appeal is infractuous therefore, may kindly be dismiss as withdrawn, the interest of justice and equity."

The said memo is placed on record.

The appeal is dismissed as withdrawn.

In view of the disposal of the appeal, IA No.2/2015 does

not survive for consideration.

Sd/-

JUDGE

Vmb