Ninganagouda Parvathgouda ... vs Mallawwa W/O Basanagouda ...
2023 Latest Caselaw 1016 Kant

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                                         RSA No. 100222 of 2014


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. 100222 OF 2014 (-)
BETWEEN:
NINGANAGOUDA PARVATHGOUDA CHANNAPPAGOUDAR,
AGE: 69 YEARS, R/O. MUDENAGUDI,
TQ: RON, DIST: GADAG-582209.

                                                    ...APPELLANT
(BY SRI. J S SHETTY, SRI.V.B.AJAGOND &
 SRI.C.R.HIREMATH, ADVS.)

AND:
1.   MALLAWWA W/O BASANAGOUDA MUDIBASANAGOUDAR
     AGE: 59 YEARS, R/O. MUDENAGUDI,
     TQ: RON, DIST: GADAG-582209.

2.   YALLANAGOUDA BASANAGOUDA MUDIBASANAGOUDAR
     AGE: 59 YEARS, R/O. MUDENAGUDI,
     TQ: RON, DIST: GADAG-582209.

3.   MALLANAGOUDA BASANAGOUDA MUDIBASANAGOUDAR
     AGE: 42 YEARS, R/O. MUDENAGUDI,
     TQ: RON, DIST: GADAG-582209.

4.   THE TAHASHILDAR
     RON, DIST: GADAG-582209.

                                                 ...RESPONDENTS
(BY SRI.M.H.PATIL, AGA FOR R4;
 NOTICE TO R1, R2, R3 ARE SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 17.01.2012 PASSED IN
R.A.NO.41/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, RON,
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 21.10.2010 AND THE DECREE PASSED IN
O.S.NO.16/2009 ON THE FILE OF THE CIVIL JUDGE, RON,
DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION.
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                                        RSA No. 100222 of 2014


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

1. An application is filed by the appellant under

Order XXIII Rule 3 of CPC seeking permission to withdraw

the suit with liberty to approach the Revenue Authorities

and the Survey Authorities to seek appropriate remedy.

2. Learned AGA has no objection for allowing of

the said application.

3. Application is allowed. Appellant is permitted to

withdraw the suit with liberty as sought for.

4. Consequently, the appeal is dismissed as

withdrawn.

sd JUDGE

KGK