Susheela vs Superintendent Engineer
2023 Latest Caselaw 5803 Kant

                                                   -1-
                                                                  NC: 2023:KHC:29568
                                                                RFA No. 1730 of 2022




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 21ST DAY OF AUGUST, 2023

                                                  BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                              REGULAR FIRST APPEAL NO. 1730 OF 2022 (RES)
                       BETWEEN:

                       1.   SUSHEELA
                            W/O LATE RAMESH
                            AGED ABOUT 32 YEARS

                       2.   CHANDANA
                            S/O LATE RAMESH
                            AGED ABOUT 12 YEARS
                            MINOR REP BY THEIR MOTHER /
                            GUARDIAN THE PLAINTIFF NO.1

                       3.   JAYACHANDRA
                            S/O LATE RAMESH
                            AGED ABOUT 12 YEARS
                            MINOR REP BY THEIR MOTHER/
                            GUARDIAN THE PLAINTIFF NO.1

                       4.   NANJAMMA
                            W/O ANKAIAH
                            AGED ABOUT 62 YEARS
Digitally signed by
BHAVANI BAI G               ALL ARE R/O KENCHANAHALLI VILLAGE
Location: High Court
of Karnataka                HULIYURDURGA HOBLI, KUNIGAL TALUK
                            TUMAKURU DISTRICT - 572 101
                                                                        ...APPELLANTS
                       (BY SRI. GIRISH B. BALADARE.,ADVOCATE)
                       AND:

                       1.   SUPERINTENDENT ENGINEER
                            KARYA AND PALANA CIRCLE
                            BENGALURU POWER SUPPLY BOARD LTD
                            O AND M CIRCLE
                            OLD KOTHITHOP ROAD
                            TUMAKURU
                            TUMAKURU DISTRICT - 572 101
                                                                       ...RESPONDENT
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                                             NC: 2023:KHC:29568
                                           RFA No. 1730 of 2022




      THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
04.12.2019 PASSED IN OS No.464/2018 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, PARTLY
DECREEING THE SUIT FOR DAMAGES.

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



                          JUDGMENT

Learned counsel for the appellants filed memo for

withdrawing the appeal with liberty to the appellants to file an

appeal before the District Judge.

2. Submission of learned counsel is placed on record.

3. Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellants to file an appeal before the

District Judge.

4. The appellants are entitled for the benefit under

Section 14 of the Limitation Act, 1963.

5. Office to return the documents to the learned

counsel for the appellants.

Sd/-

JUDGE GBB