Hanumantappa S/O. Giriyappa ... vs Smt. Renuka W/O. Nagendra ...
2023 Latest Caselaw 1005 Kant

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                                 RSA No. 100439 of 2018


     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 17TH DAY OF JANUARY, 2023

                         BEFORE

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

     REGULAR SECOND APPEAL NO. 100439 OF 2018 (PAR)

BETWEEN:

      HANUMANTAPPA S/O. GIRIYAPPA TALAWAR,
      AGED ABOUT 77 YEARS, OCC: AGRIL,
      R/O. GEJJIHALLI VILLAGE, TQ:HANGAL
      DIST:HAVERI - 581104.
                                              ...APPELLANT
(BY SMT. SHIVALEELA ARAHUNASI, ADV. FOR
 SRI. GANGADHAR S HOSAKERI AND
 SRI. ARAVIND D.KULKARNI, ADVOCATES)

AND:

1.    SMT. RENUKA W/O. NAGENDRA HOSAMANI
      AGED ABOUT 51 YEARS, OCC:HOUSEHOLD,
      R/O. PALA VILLAGE, TQ:MUNDAGOD,
      DIST:KARWAR (U.K), PIN: 581301.

2.    SMT KANNAVVA W/O. KRISHNAPPA WALIKAR
      AGED ABOUT 68 YEARS, OCC:HOUSE WIFE,
      R/O. KODIYALLAPUR VILLAGE, TQ:HANGAL,
      DIST:HAVERI, PIN: 581104.

3.    SMT. SAVAKKA W/O. FAKKIRAPPA WALIKAR
      AGED ABOUT 55 YEARS, OCC:HOUSEWIFE,
      R/O. MAVAKOPPA VILLAGE, TQ:HANGAL,
      DIST:HAVERI, PIN: 581104.

4.    SHIVAPPA S/O. RUDRAPPA HOLEMANAVAR
      AGED ABOUT 63 YEARS, CC:AGRIL,
      R/O. GEJJIHALLI, TQ: HANGAL,
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                                     RSA No. 100439 of 2018


      DIST:HAVERI, PIN: 581104.

5.    SHIVANAND S/O. GIRIYAPPA TALAWAR
      AGED ABOUT 65 YEARS, OCC:AGRIL,
      R/O. GEJJIHALLI, TQ: HANGAL,
      DIST:HAVERI, PIN: 581104.

6.    TAMMANNA S/O. GIRIYAPPA TALAWAR
      AGED ABOUT 63 YEARS, OCC:AGRIL,
      R/O. GEJJIHALLI, TQ: HANGAL,
      DIST:HAVERI, PIN: 581104.

7.    GOVINDAPPA S/O. GIRIYAPPA TALAWAR
      AGED ABOUT 53 YEARS, OCC:AGRIL,
      R/O. GEJJIHALLI, TQ: HANGAL,
      DIST:HAVERI, PIN: 581104.
                                                ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 07.04.2017
PASSED IN R.A.NO.26/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
HANGAL, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 24.11.2014 PASSED IN
O.S.NO.159/2009 ON THE FILE OF THE CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HANGAL, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION AND MESNE PROFITS.

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

                              ORDER

Learned counsel for the appellant files a memo dated

13.01.2023 signed by the appellant and the counsel for

the appellant, seeking dismissal of the appeal as

withdrawn.

RSA No. 100439 of 2018

Memo is taken on record.

Appeal is dismissed as withdrawn.

Pending I.A's, if any, does not survive for

consideration.

sd JUDGE

RH