Sri Rajappa S vs Sri Erappa
2022 Latest Caselaw 7815 Kant

                           -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 31ST DAY OF MAY, 2022

                         BEFORE

         THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

       MISCELLANEOUS FIRST APPEAL NO.501/2022 (CPC)

BETWEEN:
SRI RAJAPPA. S
S/O. LATE SIDDAPPA AND RAJAMMA
AGED ABOUT 66 YEARS
R/AT UPANAYAKANAHALLI VILLAGE
KASABA HOBLI, CHITRADURGA TALUK
AND DISTRICT - 515 281.

AND ALSO AT NO.30, 20TH CROSS
OLD 1ST MAIN, BHEL MINI
COLONY PIPELINE ROAD
T. DASARAHALLI, BANGALORE - 560 057.
                                        ... APPELLANT
(BY SRI. MURTHY K, ADVOCATE)

AND:

1.     SRI. ERAPPA
       S/O O. MARIYAPPA
       AGED ABOUT 53 YEARS,

2.     SRI ESHWARAPPA
       S/O CHITTAPPA
       AGED ABOUT 51 YEARS,

       RESPONDENT NOs.1 AND 2 ARE
       R/AT UPANAYAKANAHALLI VILLAGE
       KASABA HOBLI, CHITRADURGA TALUK
       CHITRADURGA - 515 281.
                                     ... RESPONDENTS

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(l) OF CPC, AGAINST THE ORDER DATED
21.12.2021 PASSED ON I.A. NO.1 IN O.S.NO.399/2019 ON THE
                                    -2-



FILE OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC,
CHITRADURGA, REJECTING I.A. NO.1 FILED UNDER ORDER 22
RULE 10 OF CPC.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

In view of the office objection as regards

maintainability of the appeal and given the subject

matter of the appeal, the learned counsel for the

appellant seeks liberty to withdraw the appeal with

liberty to file an appeal before the appropriate Court.

The appeal stands disposed of with such liberty,

including the liberty to seek exclusion of time spent in

prosecuting this appeal, but subject to all just

exceptions in law.

The office is directed to return the certified copies

produced to the learned counsel for the appellant.

SD/-

JUDGE SA Ct:sr