Prabhukanth And Ors vs Sharanappa And Anr
2022 Latest Caselaw 12624 Kant

                             1

            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 27TH DAY OF OCTOBER, 2022

                          BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

           RSA NO. 200148/2022 (DEC/INJ)

Between:

1.     Prabhukanth S/o Chanamallappa
       Aged about 72 Years, Occ: Agriculture
       R/o Badadal, Tq. Afzalpur
       Dist. Kalaburagi-585301

2.     Eranna S/o Prabhukanth Nimbal
       Aged about 44 Years
       Occ: Agriculture & Service
       R/o Badadal, Tq. Afzalpur
       Dist. Kalaburagi-585301

3.     Santosh S/o Prabhukanth Nimbal
       Aged about 38 Years, Occ: Agriculture
       R/o Badadal, Tq. Afzalpur
       Dist. Kalaburagi-585301
                                               ...Appellants

(By Sri Shravankumar Math, Advocate)

And:

1.     Sharanappa S/o Bhimasha Metri
       Aged about 77 Years, Occ: Agriculture
       R/o Badadal, Tq. Afzalpur
       Dist. Kalaburagi-585301
                                2

2.    Smt. Ratnabai W/o Hanamanth Paramashetty
      Aged about 73 Years
      Occ: Agriculture & Household
      R/o Dudhani, Tq. Akkalkot
      Dist. Solapur (Maharastra)-413220
                                        ...Respondents

      This Regular Second Appeal is filed under Section
100 of CPC praying to, allow this appeal by setting aside
the judgment and decree dated 11.02.2022 passed in
R.A.No.90/2019 by the Court of III Additional District
Sessions Judge at Kalaburagi in confirming judgment and
decree dated 14.08.2019 passed in O.S.No.16/2018 by the
Court of Senior Civil Judge at Afzalpur and further to
dismiss the suit of the plaintiff throughout and also to
grant any other relief to which the appellants are found
entitled in the facts and circumstances of the case in the
interest of justice.


      This Appeal is coming on for Orders this day, the
Court delivered the following:


                         JUDGMENT

Appellant Nos.2 and 3, who are the sons of

appellant No.1 have filed an affidavit thereby

instructing the counsel on record to withdraw the

appeal.

The memo along with the affidavit are taken on

record and the Appeal is dismissed as withdrawn.

In view of disposal of main matter, pending

application, if any, does not survive for consideration.

Sd/-

JUDGE

RSP