Sri C A Ananda vs Maj K M Monnappa (Retd)
2023 Latest Caselaw 5638 Kant

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                                                          NC: 2023:KHC:28979
                                                       RSA No. 1865 of 2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF AUGUST, 2023

                                            BEFORE

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                       REGULAR SECOND APPEAL NO. 1865 OF 2016
                                    (DEC/INJ)
                   BETWEEN:

                   SRI C A ANANDA
                   S/O LATE C.M. AIYYAPPAMMAIAH
                   AGED ABOUT 61 YEARS,
                   PLANTER, HOOBANE ESTATE,
                   CHERALA SRIMANGALA VILLAGE,
                   SOMWARPET TALUK,
                   KODAGU DISTRICT - 571 236.
                                                                 ...APPELLANT

                   (BY SRI. JAY VENKATESH MELITA, ADVOCATE FOR
                       SRI. SHREYAS JAYASIMHA., ADVOCATE)

                   AND:

                   MAJ K M MONNAPPA (RETD)
Digitally signed
by R DEEPA         S/O LATE K MUTHANNA,
Location: High     AGED ABOUT 75 YEARS,
Court of           PLANTER, CHERALA SRIMANGALA VILLAGE,
Karnataka          SOMWARPET TALUK,
                   KODAGU DISTRICT - 571 236.
                                                              ...RESPONDENT
                   (BY SRI. T.I. ABDULLA, ADVOCATE)

                          THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 19.07.2016 PASSED IN
                   RA NO.62/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                   MADIKERI, DISMISSING THE APPEAL AND CONFIRMING THE
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                                             NC: 2023:KHC:28979
                                         RSA No. 1865 of 2016




JUDGMENT AND DECREE DATED 06.09.2012 PASSED IN OS
NO.60/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE AND
JMFC., MADIKERI.


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


                            JUDGMENT

Learned counsel for the appellant filed a memo

seeking leave of the Court to withdraw the appeal stating

that subsequent to filing of the present appeal, the

appellant has managed to access his properties through an

alternative route and as such, the appellant's easementary

right over the schedule path no longer subsists. Hence the

appellant seeks to withdraw the appeal.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

NC: 2023:KHC:28979 RSA No. 1865 of 2016

4. In view of withdrawal of the appeal, pending

I.As., if any, do not survive for consideration and are

accordingly disposed of.

SD/-

JUDGE

RD