Shri Veeranna S/O Gangappa ... vs Shri Nandkumar S/O Ishwar ...
2022 Latest Caselaw 4161 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 10 T H DAY OF MARCH, 2022

                          BEFORE

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

              M.F.A. No.100721 OF 2022 (CPC)

BETWEEN:

SHRI VEERANNA S/O. GANGAPPA SAMBARGI
AGE: 66 YEARS, OCC: ADVOCATE CLERK,
R/O: H.NO.4656/B, BHADKAL GALLI,
BELAGAVI - 590001.
                                                ... APPELLANT
(SRI. V. M. SHEELVANT, ADV. AND
 SRI. B. S. BYAKOD, ADV.)

AND:

1.     SHRI. NANDKUMAR S/O. ISHWAR SANKESHWAR
       AGE: 63 YEARS, OCC: RETIRED,
       R/O: H. NO. 31, MAHATMA GALLI,
       KANABARGI,
       BELAGAVI-590001.

2.     SHRI MOHAN S/O. ISHWAR SANKESHWAR
       AGE: 59 YEARS, OCC: POST MASTER,
       R/O: H.NO. 31, MAHATMA GALLI,
       KANABARGI,
       BELAGAVI-590001.
                                             ... RESPONDENTS

      THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED
18.02.2022, PASSED IN O.S. NO.408/2021 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 READ WITH SECTION 151 OF CPC.
                                :2:




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


                           JUDGMENT

The learned counsel for the appellant after arguing the

matter for sometime, seeks permission to withdraw the appeal

on the ground that the Executing Court by its order dated

07.03.2022 has allowed the decree holders to withdraw the

amount subject to the decree holders executing an indemnity

bond to the effect that if plaintiff's/appellant's claim is upheld,

then they will deposit the decreetal amount before the Executing

Court.

Recording the submission, the appeal is dismissed.

Sd/-

JUDGE

SMM