A S Nagaraj vs Tanveer Ahmed
2023 Latest Caselaw 6157 Kant

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                                                          NC: 2023:KHC:31077
                                                       RSA No. 1772 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF AUGUST, 2023

                                            BEFORE

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                    REGULAR SECOND APPEAL NO. 1772 OF 2016 (SP)

                   BETWEEN:

                   A S NAGARAJ
                   AGED ABOUT 45 YEARS
                   S/O LATE A.L. SATHYANARAYANA
                   R/AT OLD OFFICE ROAD
                   KOLAR TOWN
                   KOLAR-563101
                                                                  ...APPELLANT
                   (BY SRI. C M NAGABUSHANA, ADVOCATE)

                   AND:

                   1.    TANVEER AHMED
                         AGED ABOUT 41 YEARS
                         S/O NAZEER AHMED
                         R/AT NO.43,
Digitally signed         BEHIND SHARADA TALKIES
by SUNITHA               M.B.ROAD, KOLAR-563101
GANGARAJU
Location: High     2.    ALLAH BAKASH
Court of
Karnataka                AGED ABOUT 39 YEARS,
                         S/O YEKTHEAR BASHA E RAJA
                         R/AT MUTHUKUR VILLAGE
                         PUNGANUR TALUK
                         CHITTOOR DISTRICT
                         ANDHRA PRADESH-517419
                                                                ...RESPONDENTS
                   (BY SRI. Y.R. SADASIVA REDDY, SR. ADV. FOR
                       SRI. RAHUL S REDDY, ADVOCATE FOR R1
                       SRI. G. PAPIREDDY, ADVOCATE FOR R2)
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                                              NC: 2023:KHC:31077
                                            RSA No. 1772 of 2016




     THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 13.07.2016 PASSED IN RA
NO.229/2013 ON THE FILE OF THE I ADDL. DISTRICT AND
SESSIONS JUDGE,     KOLAR,      ALLOWING      THE    APPEAL AND
SETTING   ASIDE   THE    JUDGMENT       AND        DECREE   DATED
31.10.2013 PASSED IN OS NO.61/2011 ON THE FILE OF THE I
ADDL. SENIOR CIVIL JUDGE, KOLAR.


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


                         JUDGMENT

Learned counsel for the appelant has filed a memo

seeking leave of this Court to withdraw the appeal with

liberty to file necessary application under Order 22 Rule 10

of CPC in RSA No.1808/2016.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn with the aforesaid liberty. Registry is directed

to refund the Court fee as per Section 66 of the Karnataka

Court Fees and Suits Valuation Act.

NC: 2023:KHC:31077 RSA No. 1772 of 2016

In view of disposal of the appeal, pending IAs, if

any, do not survive for consideration and accordingly

stand disposed of.

Sd/-

JUDGE

SKS