Citation : 2022 Latest Caselaw 5278 Kant
Judgement Date : 23 March, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH 2022
PRESENT
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO.200192/2018
Between
1. Hanmanthrao s/o Shivsharanappa Malipatil
Age :44 years, Occ: Agriculture and business,
R/o Village Kotanoor (D),
Post Nandikur, Taluka & Dist.Kalaburagi.
2. Mallanna @ Mallikarjun
s/o Shivsharanappa Malipatil,
Age :42 years, Occ: Agriculture & Business,
R/o village Kotanoor (D),
Tq. & Dist.Kalaburagi.
...Appellants
(By Sri G.S.Biradar & Sri V.G.Biradar Advocates)
AND
1. Indirabai D/o Shivsharanappa
W/o Shankareppa Saradagi,
Age:50 years, Occ:Household & agriculture,
R/o. Village Aurad, Tq.Jewargi,
2
Dist.Kalaburagi.
2. Kamalabai D/o Shivsharnappa
W/o Basawanthraya Niloor
Age:57 years, Occ:Household & Agriculture,
R/o Om Nagar, C/o Adarsh Dental-Clinic,
Sedam Road, Kalaburagi.
3. Vimalabai D/o Shivsharanappa
W/o Basawantraya Niloor,
Age:55 years, Occ:Household & Agriculture,
R/o Kalahangaraga
Taluka and District Kalaburagi.
4. Shakuntalabai D/o Shivsharanappa
W/o Srimathraya Malipatil
Age:53 years, Occ:Household & business,
R/o Village Srinivas Sharadagi,
Tq. & Dist.Kalaburagi.
5. Kasturibai D/o Shivasharnappa,
W/o Basawantraya Kanni
Age:48 years, Occ:Agriculture,
R/o Near Chakkarakatta Gazipur locality,
Kalaburagi.
6. Susilabai D/o Shivasharnappa
W/o Sharanappa Honakeri,
Age : 44 years, Occ: Household & Agriculture,
R/o Village Kalkur, Tq. Afzalpur,
Dist.Kalaburagi.
7. Shivsharanappa s/o Iranna @ Veeranna
Age:62 years, Occ:Agriculture,
R/o village Karbhosaga, Tq.Afzalpur,
Dist.Kalaburagi.
...Respondents
(R1, R3 to R7 are served)
3
This regular first appeal is filed under Section 96 read
with Section 41 Rule 1 of Code of Civil Procedure, 1908
against the judgment and decree dated 03.11.2018 passed
in O.S.No.52/2014 on the file of the III Additional Senior
Civil Judge Kalaburagi, wherein, the suit was decreed.
This appeal coming on for Orders this day,
K.Somashekar J., delivered the following:
JUDGMENT
Learned counsel Sri G.S.Biradar is present before the
court physically.
Whereas, in this matter a memo dated 21.10.2021 is
filed by the counsel for the appellants whereby it is stated
that the appellants do not want to prosecute the appeal
filed by them against the respondents and seek to dismiss
the appeal as withdrawn.
Hence, memo is placed on record and accordingly
appeal is dismissed as withdrawn.
SD/-
JUDGE
SD/-
JUDGE sn
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