Shaikh Gouse S/O Late Shaik Osman vs Shiva Kumar S/O Prahlada And Anr
2023 Latest Caselaw 9384 Kant

Karnataka High Court

Shaikh Gouse S/O Late Shaik Osman vs Shiva Kumar S/O Prahlada And Anr on 5 December, 2023

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                              -1-
                                                     NC: 2023:KHC-K:9014
                                                      MFA No. 200170 of 2023




                            IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                        DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                            BEFORE
                          THE HON'BLE MR. JUSTICE M.G.S.KAMAL

                    MISCL. FIRST APPEAL NO. 200170 OF 2023 (CPC-)
                   BETWEEN:

                   SHAIK GOUSE
                   S/O LATE SHAIK OSMAN,
                   AGE: 35 YEARS, OCC: AGRICULTURE,
                   R/O H.NO. 16-2-836/7/B, PRESS COLONY,
                   SAIDABAD,
                   HYDERABAD (T.S).
                                                                 ...APPELLANT

                   (BY SRI. SHIVASHARANA REDDY, ADVOCATE)

                   AND:

Digitally signed   1.   SHIV KUMAR
by LUCYGRACE            S/O PRAHLADA
Location: HIGH          AGE: MAJOR, OCC: AGRICULTURE,
COURT OF                R/O H.NO. 17-4-178,
KARNATAKA               MANHALLI ROAD,
                        MAHESH NAGAR,
                        BIDAR-585401.

                   2.   TAHSILDAR BIDAR
                        TQ. BIDAR-584401.

                                                             ...RESPONDENTS

                   (BY SRI. MANURE ASHOK KUMAR, ADVOCATE FOR R1;
                       R2 SERVED)
                                -2-
                                     NC: 2023:KHC-K:9014
                                        MFA No. 200170 of 2023




     THIS MFA IS FILED U/O 43 RULE 1(R) OF CPC , PRAYING
TO ALLOW THE APPEAL BY SETTING ASIDE THE ORDER DATED
24.11.2022 PASSED ON I.A UNDER ORDER 39 RULE 1 AND 2
BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM BIDAR IN OS NO.
226/2022 AS PER ANNEXURE- E TO THE APPEAL AND
CONSEQUENTLY ALLOW THE APPEAL FILED BY THE APPELLANT
WITH COST THROUGHOUT.

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

                         JUDGMENT

1. Sri. Shivasharana Reddy, learned counsel for the

appellant files a memo dated 05.12.2023 seeking

withdrawal of the appeal as the claim has become

infructuous in view of the settlement arrived between the

parties.

2. Sri. Manure Ashok Kumar, learned counsel for the

respondent No.1 does not dispute the above contents of

the memo.

3. Memo is taken on record.

4. Appeal is dismissed as having become infructuous.

Sd/-

JUDGE RL