Smt.Eramma W/O Shekarayya vs Shivayya S/O Late Virupakshayya ...
2023 Latest Caselaw 5787 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:9203
                                                               RFA No. 100340 of 2020




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 21ST DAY OF AUGUST, 2023

                                                    BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          REGULAR FIRST APPEAL NO. 100340 OF 2020 (PAR/POS-)

                          BETWEEN:
                          SMT. ERAMMA W/O SHEKARAYYA
                          AGE: 45 YEARS,
                          OCC: HUSEHOLD AND COOLIE,
                          R/O: JANGAMARA KALGUDI,
                          TQ: GANGAVATHI, DIST: KOPPAL,
                          P.C. NO: 583227.
                                                                           ...APPELLANT

                          (BY SRI. P.G.MOGALI, ADVOCATE)

                          AND:

                          1.    SHIVAYYA S/O LATE VIRUPAKSHAYYA BINNAL
                                AGE: 52 YEARS,
                                OCC: PRIVATE BUSINESS AND AGRICULTURE,
                                R/O: KUMBAR STREET, KOPPAL,
                                TQ AND DIST: KOPPAL,
                                P.C. NO: 583231.
            Digitally
            signed by
            VIJAYALAXMI
VIJAYALAXMI M BHAT
                          2.    BASAYYA S/O LATE VIRUPAKSHAYYA BINNAL
M BHAT      Date:
            2023.08.22
            11:31:36 -
            0700
                                AGE: 47 YEARS,
                                OCC: PRIVATE BUSINESS AND AGRICULTURE,
                                R/O: KUMBAR STREET, KOPPAL,
                                TQ AND DIST: KOPPAL,
                                P.C. NO: 583231.
                                                                         ...RESPONDENTS

                          (BY SRI. NEELENDRA D. GENDE, ADVOCATE FOR R1 AND R2)

                               THIS RFA IS FILED UNDER SEC. 96 OF CPC., PRAYING TO
                          MODIFY THE JUDGMENT AND DECREE PASSED IN O.S.NO.86/2013
                          DATED: 25.08.2018 BY THE LEARNED SENIOR CIVIL JUDGE,
                          AT:KOPPAL BY ENHANCING THE SHARE OF THE APPELLANT-
                          PLAINTIFF FROM 1/9 TO 1/3 IN THE INTEREST OF JUSTICE AND
                          EQUITY.
                                   -2-
                                         NC: 2023:KHC-D:9203
                                          RFA No. 100340 of 2020




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

                                 ORDER

Learned counsel for the appellant filed a memo seeking

permission to withdraw the appeal.

Memo is placed on record.

Appeal is dismissed as withdrawn.

In view of disposal of the main appeal, pending I.A. does

not survive for consideration.

Sd/-

JUDGE

gab CT-PA