Smt. Saroja W/O Govinda Achari vs Totappa Yomakeshi @ Muddappa ...
2022 Latest Caselaw 12611 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 27TH DAY OF OCTOBER, 2022

                         BEFORE

          THE HON'BLE MS. JUSTICE JYOTI MULIMANI

       REGULAR SECOND APPEAL NO.100798 OF 2017


BETWEEN:

1.     SMT. SAROJA W/O GOVINDA ACHARI
       AGE: 53 YEARS, OCC: HOUSEHOLD,
       R/O: HALADAKATTA OF KONODLY VILLAGE,
       TQ: SIDDAPUR,
       DIST: UTTARA KANNADA-581355.

2.     PRABHAKAR S/O GOVINDA ACHARI
       AGE: 38 YEARS, OCC: CARPENTER,
       R/O: HALADAKATTA OF KONODLY VILLAGE,
       TQ: SIDDAPUR,
       DIST: UTTARA KANNADA-581355.

3.     SANTHOSH S/O GOVINDA ACHARI
       AGE: 27 YEARS, OCC: CARPENTER,
       R/O: HALADAKATTA OF KONODLY VILLAGE,
       TQ: SIDDAPUR,
       DIST: UTTARA KANNADA-581355.
                                          ...APPELLANTS
(BY SRI SAGAR HEGDE FOR SRI VISHWANATH HEGDE,
ADVOCATE)

AND:

1.     TOTAPPA YOMAKESHI
       @ MUDDAPPA NYASANAGI
       AGE: 58 YEARS, OCC: RYOT/MERCHANT,
       R/O: HALADAKATTA OF KONODLY VILLAGE,
       TQ: SIDDAPUR,
       DIST: UTTARA KANNADA-581355.
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2.   KAMALAKAR S/O IRAPPA ACHARI
     AGE: 58 YEARS, OCC: CARPENTER,
     R/O: HALADAKATTA OF KONODLY VILLAGE,
     TQ: SIDDAPUR,
     DIST: UTTARA KANNADA-581355.

3.   MARUTI S/O IRAPPA ACHARI
     AGE: 53 YEARS, OCC: CARPENTER,
     R/O: HALADAKATTA OF KONODLY VILLAGE,
     TQ: SIDDAPUR,
     DIST: UTTARA KANNADA-581355.

4.   SUBBARAO S/O IRAPPA ACHARI
     AGE: 51 YEARS, OCC: CARPENTER,
     R/O: HALADAKATTA OF KONODLY VILLAGE,
     TQ: SIDDAPUR,
     DIST: UTTARA KANNADA-581355.

5.   MANJUNATH S/O IRAPPA ACHARI
     AGE: 48 YEARS, OCC: CARPENTER,
     R/O: HALADAKATTA OF KONODLY VILLAGE,
     TQ: SIDDAPUR,
     DIST: UTTARA KANNADA-581355.

6.   YASHODA W/O GAJANAN ACHARI
     AGE: 46 YEARS, OCC: HOUSEHOLD,
     R/O: KARKI, TQ: HONNAVAR,
     DIST: UTTARA KANNADA-581341.

7.   NETRAVATI D/O IRAPPA ACHARI
     AGE: 46 YEARS, OCC: HOUSEHOLD,
     R/O: HALADAKATTA OF KONODLY VILLAGE,
     TQ: SIDDAPUR,
     DIST: UTTARA KANNADA-581355.
                                       ... RESPONDENTS


     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 18.07.2017, PASSED
BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K.,
KARWAR, SITTING AT SIRSI, IN R.A.NO.50/2005 AND JUDGMENT
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AND DECREE DATED 07.03.2005 PASSED BY THE CIVIL JUDGE
(JR.DN.) AT SIDDAPUR, IN O.S.NO.01/1999 BY ALLOWING THE
APPEAL AND CONSEQENTLY THE SUIT IN O.S.NO.01/1999 BE
DISMISSED, ETC.,.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING:


                        ORDER

Shri Sagar Hegde, proxy counsel on behalf of

Shri Vishwanath Hegde, for appellant, has appeared in

person.

Learned counsel Shri Sagar Hegde, on instruction

from the counsel on record Shri Vishwanath Hegde,

submits that the appeal may be dismissed as withdrawn.

Submission is noted. The appeal is dismissed as

withdrawn.

Sd/-

JUDGE

MRK