Sri Krishnegowda vs Sri Krishnegowda
2023 Latest Caselaw 5456 Kant

                                               -1-
                                                          NC: 2023:KHC:28128
                                                         RSA No. 618 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF AUGUST, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO. 618 OF 2019 (INJ)

                   BETWEEN:

                         SRI KRISHNEGOWDA
                         SINCE DEAD BY LRS

                   1.    RUKKAMMA
                         W/O LATE KRISHNEGOWDA
                         AGED ABOUT 61 YEARS

                   2.    ALAMELU
                         W/O RANGASWAMY
                         AGED ABOUT 35 YEARS

                   3.    LAKSHMI
                         D/O LATE KRISHNEGOWDA
                         AGED ABOUT 30 YEARS
Digitally signed
by SHARANYA T      4.    SMT. KALAMMA
Location: HIGH           W/O PUCHAPPA
COURT OF                 AGED ABOUT 28 YEARS
KARNATAKA

                   5.    KISHORE
                         S/O LATE KRISHNE GOWDA
                         AGED ABOUT 18 YEARS

                         ALL ARE RESIDING AT ARALIMARADODDI
                         DODDALADALLI DAKHALE
                         KODIHALLI HOBLI, KANAKAPURA TALUK
                         RAMANAGARA DISTRICT-562 117.
                                                              ...APPELLANTS

                               (BY SRI JAYAKIRTHI M.C., ADVOCATE)
                                  -2-
                                               NC: 2023:KHC:28128
                                              RSA No. 618 of 2019




AND:

1.   SRI KRISHNEGOWDA
     S/O CHINNASWAMYGOWDA
     AGED ABOUT 89 YEARS

2.   PUTTAMADU
     S/O KRISHNEGOWDA
     AGED ABOUT 51 YEARS

     RESPONDENTS 1 AND 2 ARE
     RESIDENTS OF ARALIMARADODDI
     VILLAGE HAMIET OF DODDAKABBALLI
     KODIHALLI HOBLI, KANAKAPURA TALUK
     RAMANAGARA DISTRICT-562 117.
                                                 ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 01.12.2018
PASSED ON I.A. IN R.A.NO.5026/2018 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA
TO SIT AT KANAKAPURA, DISMISSING THE I.A. FILED UNDER
ORDER 22 RULE 3 AND 4 R/W SEC.151 OF CPC AND
DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT
AND DECREE DATED 22.09.2012 PASSED IN O.S.NO.216/1998
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
KANAKAPURA.

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

                            JUDGMENT

The learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal as not

pressed with liberty to file Writ Petition.

NC: 2023:KHC:28128 RSA No. 618 of 2019

In terms of the memo, permitted to withdraw the appeal

with liberty as sought for.

Registry is directed to return the Certified Copies of this

appeal memo to counsel for the appellants.

Sd/-

JUDGE

AP