Sri. Harshith G T vs Smt. Bhagyamma @ Bhayalakshmamma
2023 Latest Caselaw 9706 Kant

Karnataka High Court

Sri. Harshith G T vs Smt. Bhagyamma @ Bhayalakshmamma on 7 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                          NC: 2023:KHC:44302
                                                     MFA No. 1375 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                          BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 1375 OF 2023 (CPC)
                   BETWEEN:

                   SRI. HARSHITH G T
                   S/O THIMMAIAH G
                   AGED ABOUT 23 YEARS
                   R/AT GOTTIGERE VILLAGE, SOMPURA HOBLI
                   NELAMANGALA TALUK-5621 123
                   BENGALURU RURAL DISTRICT.
                                                                ...APPELLANT
                   (BY SRI. KUMBAR VASANT FAKEERAPPA.,ADVOCATE)

                   AND:

                   1.    SMT. BHAGYAMMA
                         @ BHAYALAKSHMAMMA
                         D/O LATE MALLAIAH AND GOWRAMMA
                         AGED ABOUT 32 YEARS
Digitally signed
by
DHANALAKSHMI       2.    SRI. SHIVA KUMAR
MURTHY
                         S/O LATE MALLAIAH AND GOWRAMMA
Location: High
Court of                 AGED ABOUT 32 YEARS
Karnataka
                         R/AT GOTTIGEREPALYA VILLAGE
                         SOMPURA HOBLI, NELAMANGALA TALUK 562 123
                         BENGALURU RURAL DISTRICT.
                                                           ...RESPONDENTS
                   (NOTICE TO R2 IS SERVED AND UNREPRESENTED:
                   NOTICE TO R1 IS UNSERVED)
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
                   SECTION 151 OF CPC, AGAINST THE ORDER DATED
                   07.01.2023 PASSED ON I.A.NO.1 IN OS.NO.540/2022 ON THE
                   FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE,
                              -2-
                                          NC: 2023:KHC:44302
                                        MFA No. 1375 of 2023




NELAMANGALA, REJECTING THE          I.A.NO.1   FILED UNDER
ORDER 39 RULE 1 AND 2 OF CPC.

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

1. The learned counsel for the appellant has filed a

memo dated 28.11.2023 seeking leave of this Court to

withdraw the appeal.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as withdrawn.

4. All pending applications, if any, shall stand disposed

of.

Sd/-

JUDGE

DM