Sri Mahadevappa S/O Ningappa Jeoji vs Smt. Tippavva W/O Yallappa ...
2023 Latest Caselaw 10910 Kant

Karnataka High Court

Sri Mahadevappa S/O Ningappa Jeoji vs Smt. Tippavva W/O Yallappa ... on 18 December, 2023

                                                          -1-
                                                                NC: 2023:KHC-D:14794
                                                                  RSA No. 100928 of 2023




                                         IN THE HIGH COURT OF KARNATAKA
                                                 DHARWAD BENCH

                                     DATED THIS THE 18TH DAY OF DECEMBER, 2023
                                                       BEFORE
                                      THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               REGULAR SECOND APPEAL NO.100928 OF 2023 (PAR/POS)
                              BETWEEN:
                              SRI. MAHADEVAPPA
                              S/O. NINGAPPA JEOJI,
                              AGE: 58 YEARS, OCC: AGRICULTURE,
                              R/O: SANGEDEVARKOPPA, TQ: KALAGHATAGI,
                              DIST: DHARWAD PIN-581204.
                                                                              ...APPELLANT
                              (BY SRI. VENKATESH M.KHARVI, ADVOCATE)

                              AND:
                              1.   SMT. TIPPAVVA
                                   W/O. YALLAPPA PADAPPANAVAR @ PIDAPPANAVAR,
                                   AGE. 61 YEARS, OCC. HOUSEHOLD,
                                   R/O. PARASAPUR, PO. RAYNAL,
                                   TQ. HUBBALLI, DIST. DHARWAD,
                                   PIN-580024.
                              2.   SMT. GOURAVVA
           Digitally signed        W/O. NINGAPPA JEOJI
           by VISHAL
VISHAL   NINGAPPA                  AGE. 53 YEARS, OCC. HOUSE HOLD WORK,
         PATTIHAL
NINGAPPA Date:                     R/O. SANGEDEVARKOPPA,
PATTIHAL 2023.12.19
           10:19:45                TQ. KALAGHATAGI, DHARWAD-581204
           +0530
                                   DECEASED BY LRS APPELLANT AND RESPONDENT

                              3.   YALLAPPA
                                   S/O NINGAPPA JEOJI
                                   AGE. 53 YEARS, OCC. AGRICULTURE,
                                   R/O. SANGEDEVARKOPPA,
                                   TQ. KALAGHATAGI, DHARWAD-581204.

                              4.   SHRI. GURUSIDDAPPA
                                   S/O NINGAPPA JEOJI,
                                   AGE. 50 YEARS, OCC. AGRICULTURE,
                                   R/O. SANGEDEVARKOPPA, TQ. KALAGHATAGI.
                                                                            ...RESPONDENTS
                                  -2-
                                        NC: 2023:KHC-D:14794
                                            RSA No. 100928 of 2023




(BY   SRI. HAREESH S.NAYAK, ADV. FOR APPEAL CAVEATOR/R1;
      NOTICE TO R3 AND R4 IS SERVED)

     THIS REGULAR SECOND APPEAL FILED UNDER SECTION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO, a) TO CALL
FOR THE ENTIRE LOWER COURT RECORDS IN OS NO. 131/2016
DATED 14.02.2017 PASSED BY SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, KALAGHATAGI, b) TO SET ASIDE THE
ORDER PASSED IN RA NO. 60/2022 DATED 13.10.2023 OF THE III
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE,
DHARWAD, AND ALSO SET ASIDE THE JUDGMENT AND DECREE IN
OS NO. 131/2016 DATED 14.02.2017 ON THE FILE OF SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KALAGHATAGI.

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


                            JUDGMENT

After hearing the matter for some time, learned

counsel for the appellant on instructions from the

appellant submits that the appellant does not intend to

prosecute the appeal and files a memo to that effect,

which reads as under:

"Herein, the advocate for Appellant begs to submit as under:

The appellant intent to withdraw the appeal for some technical issue hence Hon'ble Court kindly permit to Appellant withdraw the appeal as not pressed in the interest of justice. Hence this memo."

2. The memo is taken on record.

NC: 2023:KHC-D:14794

3. In view of the submission and memo filed, the

appeal is dismissed as not pressed.

Sd/-

JUDGE

MBM, CT: UMD