Smt Dhanalakshmamma vs Sri M.A Prabhakar
2023 Latest Caselaw 10892 Kant

Karnataka High Court

Smt Dhanalakshmamma vs Sri M.A Prabhakar on 18 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                            -1-
                                                        NC: 2023:KHC:45985
                                                      MFA No. 5196 of 2020




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5196 OF 2020 (CPC)
                   BETWEEN:

                      SMT DHANALAKSHMAMMA
                      W/O LATE T M ADAPPA SETTY
                      AGED ABOUT 75 YEARS
                      R/AT NO.174 1ST MAIN
                      KEMPEGOWDA NAGAR
                      BENGALURU-560002.
                                                              ...APPELLANT
                   (BY SRI. MANJUNATHA A, ADVOCATE)

                   AND:

                      SRI M.A PRABHAKAR
                      S/O LATE T M ADAPPA SETTY
Digitally signed      AGED ABOUT 51 YEARS
by                    R/AT NO.140/1
DHANALAKSHMI
MURTHY                KEMPEGOWDA NAGAR MAIN ROAD
Location: High
Court of              BENGALURU-560002.
Karnataka
                                                            ...RESPONDENT


                        MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED 26.09.2019 PASSED ON I.A.NO.1
                   IN OS.NO.25957/2019 ON THE FILE OF THE XXVIII
                   ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, CCH-29,
                   BENGALURU, ALLOWING THE I.A.NO.1/2019 FILED UNDER
                   ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                -2-
                                             NC: 2023:KHC:45985
                                         MFA No. 5196 of 2020




                           JUDGMENT

1. Learned counsel for the appellant has filed a memo

dated 18.12.2023 seeking leave of this Court to withdraw

the above appeal.

2. Memo dated 18.12.2023 is taken on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

4. All pending applications do not survive and the same

are also dispose of.

Sd/-

JUDGE

HA