Sri Siddangowda S/O Malleshappa ... vs Smt. Lalitavva W/O Late Thirakappa ...
2023 Latest Caselaw 9372 Kant

Karnataka High Court

Sri Siddangowda S/O Malleshappa ... vs Smt. Lalitavva W/O Late Thirakappa ... on 5 December, 2023

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                                       NC: 2023:KHC-D:14182
                                          RSA No. 101346 of 2022




             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH
       DATED THIS THE 5TH DAY OF DECEMBER, 2023

                        BEFORE
         THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

     REGULAR SECOND APPEAL NO.101346 OF 2022 (SP)

BETWEEN:

SRI SIDDANGOWDA S/O MALLESHAPPA KULKARNI
AGE. 60 YEARS, OCC. AGRICULTURE,
R/O. KARJAGI, TQ. AND DIST. HAVERI-581112.
                                                         ...APPELLANT
(BY SRI. N.S. KINI, ADVOCATE)

AND:

1.    SMT. LALITAVVA W/O LATE THIRAKAPPA ARALIHALLI,
      AGE. 60 YEARS, OCC. HOUSEHOLD,

2.    SRI MALLAPPA S/O LATE THIRAKAPPA ARALIHALLI,
      AGE. 35 YEARS, OCC. AGRICULTURE,

3.    SRI MALATESH S/O LATE THIRAKAPPA ARALIHALLI,
      AGE. 35 YEARS, OCC. AGRICULTURE,

4.    KUMARI AKKAMMA D/O LATE THIRAKAPPA ARALIHALLI,
      AGE. 28 YEARS, OCC. AGRICULTURE,

      ALL ARE R/O. KARJAGI, TQ. AND DIST. HAVERI,
      NOW RESIDING AT C/O. NINGAPPA KODIHALLI,
      VISHWATEERTHA NAGARA,
      HAVERI PIN-581112.
                                                       ...RESPONDENTS
(BY SRI. I.C. PATIL, ADVOCATE)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF
THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND
DECREE DATED 13.08.2021 PASSED IN R.A.NO.13/2020 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, HAVERI
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 29.02.2020, PASSED IN O.S. NO.509/2012 ON THE FILE OF THE
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HAVERI, PARTLY
DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

      THIS REGULAR SECOND APPEAL, COMING ON FOR ORDER, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                                      NC: 2023:KHC-D:14182
                                         RSA No. 101346 of 2022




                           JUDGMENT

Learned counsel for the appellant submits that, the

appellant does not intend to prosecute the appeal and files a

memo for withdrawal of the appeal along with signature of

the appellant on the said memo. The memo reads as under:

"Herein Memo for withdrawal on behalf of the Appellants is as under:

It is most humbly submitted that, the Appellant herein does not wish to prosecute the present appeal for which he has put his hand to the present memo. Hence, he may kindly be permitted to withdraw the top noted appeal in the interest of justice and equity."

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

appeal is dismissed as withdrawn.

3. Registry to refund the Court fee to the appellant

in accordance with law.

4. In light of the dismissal of the appeal, pending

applications, if any, would not survive for consideration.

Sd/-

JUDGE

EM, CT: UMD