Bhavasara Kshatriya Samaja vs Kenchappa
2023 Latest Caselaw 5688 Kant

                                                -1-
                                                        NC: 2023:KHC:29395
                                                       RSA No. 101 of 2015




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 17TH DAY OF AUGUST, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                    REGULAR SECOND APPEAL NO. 101 OF 2015 (DEC)
                   BETWEEN:

                   BHAVASARA KSHATRIYA SAMAJA
                   CHITRADURGA
                   REPRESENTED BY

                   1.    THE PRESIDENT
                         BHAVASARA KSHATRIYA SAMAJA,
                         TYAGARAJA BEEDHI,
                         CHITRADURGA-577 501.

                   2.   THE SECRETARY
                        BHAVASARA KSHATRIYA SAMAJA
                        TYAGARAJA BEEDHI,
                        CHITRADURGA-577 501.
                                                             ...APPELLANTS
Digitally signed
by SUNITHA         (BY SRI. ONKAR K B.,ADVOCATE)
GANGARAJU
Location: High     AND:
Court of
Karnataka
                   1.   KENCHAPPA
                        S/O LINGAPPA,
                        AGED ABOUT 65 YEARS,
                        CARPENTER,
                        R/O KSRTC DEPOT ROAD,
                        CHURCH EXTENSION,
                        CHITRADURGA-577 501.

                   2.   SHAGI DABI
                        C/O AMEERJAN
                        AGED ABOUT 60 YEARS,
                              -2-
                                             NC: 2023:KHC:29395
                                            RSA No. 101 of 2015




    OCCUPATION: HOUSE HOLD WORK
    R/O KSRTC DEPOT ROAD,
    CHURCH EXTENSION,
    CHITRADURGA-577501.
                                                  ...RESPONDENTS
(BY SRI.M.T. JAGAN MOHAN.,ADVOCATE FOR R-1
    SRI. AHAMED S.N., ADVOCATE FOR R-2)

     THIS RSA IS FILED U/S. 100 R/W O 42 RULE 1 OF
CPC.,AGAINST    THE   JUDGMENT     AND   DECREE  DATED
27.09.2014 PASSED IN RA NO. 16/2012 ON THE FILE OF THE
II ADDL. SENIOR CIVIL JUDGE, JMFC, CHITRADURGA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 29.03.2012 PASSED IN OS NO. 210/2006
ON THE FILE OF THE I ADDL. CIVIL JUDGE CHITRADURGA.

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


                          JUDGMENT

After arguing for some time, learned counsel for the

appellants filed a memo seeking leave of this Court to

withdraw the appeal with a liberty to file fresh appeal.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn with the aforesaid liberty.

NC: 2023:KHC:29395 RSA No. 101 of 2015

In view of disposal of the appeal, I.A No.1/2015 does

not survive for consideration and accordingly stands

disposed of.

Sd/-

JUDGE

SKS