Sri Shivayogi S/O Somappa Sidnal vs Sri Basavanthappa Somappa
2023 Latest Caselaw 6143 Kant

                                                             -1-
                                                                   NC: 2023:KHC-D:9901
                                                                    RSA No. 100869 of 2022




                                         IN THE HIGH COURT OF KARNATAKA

                                                  DHARWAD BENCH

                                     DATED THIS THE 30TH DAY OF AUGUST, 2023

                                                        BEFORE
                                     THE HON'BLE MR JUSTICE C.M. POONACHA
                               REGULAR SECOND APPEAL NO. 100869 OF 2022 (DEC/INJ)
                              BETWEEN:

                              SRI SHIVAYOGI S/O SOMAPPA SIDNAL,
                              AGED: 70 YEARS, OCC: AGRICULTURE,
                              R/AT H.NO. 873 DODDA ONI, SAMPAGON,
                              TQ. BAILHOGNAL DIST. BELAGAVI.

                                                                               ...APPELLANT

                              (BY SMT. DEEPA J., ADVOCATE)

           Digitally signed   AND:
           by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH
HIREMATH                      SRI BASAVANTHAPPA SOMAPPA SIDNAL,
           Date:
           2023.09.05
           15:13:27 +0530
                              AGED: ABOUT 66 YEARS, OCC: SERVICE,
                              R/AT BASAVA NAGAR, EXTENSION AREA,
                              SAMAGOAN TQ. BAILHONGAL,
                              DIST: BELAGAVI-590001.
                                                                             ...RESPONDENT

                              (BY SRI. MAHANTESH HIREMATH, ADV. FOR SOLE RESPONDENT)

                                    THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
                              100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
                              09.02.2022 PASSED IN R.A.NO.14/2021 ON THE FILE OF THE
                              SENIOR CIVIL JUDGE BAILHONGAL, DISMISSING THE APPEAL AND
                              CONFIRMING THE JUDGMENT AND DECREE DATED 12.02.2021,
                              PASSED IN O.S. NO.52/2013 ON THE FILE OF THE PRINCIPAL CIVIL
                              JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAILHONGAL,
                              DISMISSING THE SUIT FILED FOR DECLARATION AND INJUNCTION.
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                                     NC: 2023:KHC-D:9901
                                      RSA No. 100869 of 2022




      THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
                            ORDER

Counsel for the appellant has filed I.A.No.2/2023

seeking liberty to withdraw the suit in O.S.No.52/2013

from which the present appeal arises and institute a

comprehensive suit.

Counsel for the respondent Sri Mahantesh Hiremath

acknowledges the receipt of copy of I.A.Nos.2/2023 and

submits that he has no objection.

In view of the same, I.A.No.2/2023 is allowed.

The suit in O.S.No.52/2013 on the file of Prl. Civil

Judge and JMFC, Bailhonga, is permitted to be withdrawn

with liberty to the appellant to institute a comprehensive

suit.

Accordingly, the present appeal is disposed of.

(Sd/-) JUDGE

NAA