Shri M Muthuraj vs Late Basamma
2023 Latest Caselaw 9527 Kant

Karnataka High Court

Shri M Muthuraj vs Late Basamma on 6 December, 2023

                                             -1-
                                                          NC: 2023:KHC:44102
                                                      RSA No. 1474 of 2016




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                          BEFORE
                   THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                     REGULAR SECOND APPEAL NO. 1474 OF 2016 (PAR)
                   BETWEEN:

                   SHRI. M. MUTHURAJ,
                   S/O LATE MAHESHWARAPPA,
                   AGED ABOUT 39 YEARS,
                   C/O PAKKIRALLARA SHIVANNA,
                   DRIVER, R/O BAHADDURGHATTA,
                   BHARAMASAGARA HOBLI,
                   CHITRADURGA TALUK AND DIST. - 577 518.
                                                                ...APPELLANT
                   (BY SRI. SHIVASHANKAR S.K, ADVOCATE)

                   AND:

                   LATE BASAMMA,
                   W/O LATE MAHESHWARAPPA,
                   NOW DEAD BY LRS
Digitally signed
by GAYATHRI P
G
Location: High     SMT. RENUKAMMA,
Court of
Karnataka          W/O LATE CHANNABASAPPA,
                   AGED ABOUT 48 YEARS,
                   R/O NEAR JMIT COLLEGE,
                   TARALUBALUNAGAR,
                   URBAN DEVELOPMENT AUTHORITY,
                   BEHIND BASAVANNA TEMPLE,
                   CHITRADURGA - 577 518.
                                                              ...RESPONDENT
                   (BY SRI. S.Y. KUMBAR, ADVOCATE;
                       R1 SERVED AND UNREPRESENTED)
                              -2-
                                        NC: 2023:KHC:44102
                                      RSA No. 1474 of 2016




      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 23.07.2016 PASSED IN
RA.NO.33/2013 ON THE FILE OF THE Ist ADDL. DIST., AND
SESSIONS JUDGE CHITRADURGA, ALLOWING THE APPEAL AND
SETTING    ASIDE    THE   JUDGMENT   AND   DECREE   DATED
16.03.2013 PASSED IN OS.NO.1/2011 ON THE FILE OF THE
PRL.CIVIL JUDGE, (SR.DN.) AND CJM CHITRADURGA.

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

                          JUDGMENT

Learned counsel for the appellant has filed a memo

dated 06.12.2023 seeking leave of this Court to withdraw

the appeal.

2. The memo is taken on record.

3. In view of the said same, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

HDK

CT: BHK