Sri. K. Govindaiah vs Smt. Shivalakshmamma
2023 Latest Caselaw 5575 Kant

                                              -1-
                                                            NC: 2023:KHC:28753
                                                          RFA No. 1501 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 14TH DAY OF AUGUST, 2023
                                            BEFORE
                             THE HON'BLE MR JUSTICE K.NATARAJAN
                         REGULAR FIRST APPEAL NO. 1501 OF 2019 (PAR)
                   BETWEEN:

                   SRI. K. GOVINDAIAH,
                   S/O KARIKENCHAIAH,
                   AGED ABOUT 58 YEALRS,
                   R/AT MANCHANAYAKANAHALLI,
                   (NEAR KOTHI ANJANEYA SWAMY TEMPLE)
                   BENGALURU - MYSURE ROAD,
                   BIDADI HOBLI,
                   RAMANAGAR TALUK - 562 109.

                                                                  ...APPELLANT
                   (BY SRI. MANJUNATH G. KANDEKAR, ADVOCATE)

                   AND:

                   1.    SMT. SHIVALAKSHMAMMA,
                         W/O CHIKKA SIDDAPPA,
Digitally signed         D/O LATE. YELLAHANUMAIAH,
by C SOWMYA
Location: High           AGED ABOUT 59 YEARS,
Court of
Karnataka                R/AT SEEGEHALLI POST,
                         K. GOLLAHALLI POST,
                         KENGERI HOBLI,
                         BENGALURU SOUTH TALUK - 560 060.

                   2.    SMT. CHIKKAHANUMAKKA,
                         W/O BAJJAYYA,
                         D/O LATE. YELLAHANUMAIAH,
                         AGED ABOUT 57 YEARS,
                         R/AT KODIYALA VILLAGE,
                         KARENAHALLI POST, BIDADI POST,
                         RAMANAGARA TALUK - 571 511.
                                -2-
                                              NC: 2023:KHC:28753
                                            RFA No. 1501 of 2019




3.   SRI. NARAYANA,
     S/O LATE. YELLAHANUMAIAH,
     R/AT MARAPPA PALYA,
     BETHAMGERE DAKALE,
     GANAKAL POST, BIDADI HOBLI,
     RAMANAGARA TALUK.
     (DEAD AND ABATED)
                                                 ...RESPONDENTS
(R2 - SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED:22.03.2019 PASSED IN OS.NO.287/2010
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
CJM, RAMANAGARAM, PARTLY DECREEING THE SUIT FOR
PARTITION.

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


                           JUDGMENT

Learned counsel for the appellant has filed a memo

dated 10.08.2023 seeks permission of this Court to

withdraw the appeal.

The memo and said submission of learned counsel for

the appellant is placed on record. Permission sought for is

granted.

Accordingly, the petition is dismissed as not

pressed.

NC: 2023:KHC:28753 RFA No. 1501 of 2019

In view of the dismissal of the main appeal,

I.A.No.1/2019 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

SMC

CT:PH