Sushilabai And Anr vs Anita
2023 Latest Caselaw 1077 Kant

                         1



        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 19TH DAY OF JANUARY, 2023

                     BEFORE

      THE HON'BLE MR.JUSTICE C.M.POONACHA

          RSA No.200225/2018 (PAR/POS)

BETWEEN

1. SUSHILABAI W/O HANAMANT PUJARI
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O MANUR COLONY, BASAV NAGAR,
BAGALKOT ROAD, VIJAYAPURA.

2. VIDYAVATI D/O SIDDAPPA SALAVADAGI
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O MANUR COLONY, BASAV NAGAR,
BAGALKOT ROAD, VIJAYAPURA.
                                       ...APPELLANTS

(BY SRI D. P. AMBEKAR, ADVOCATE)

AND

ANITA W/O BABURAO SAVALAGI
AGE: 28 YEARS, OCC: AGRICULUTRE,
R/O: C/O:BABURAO, PLOT NO.178
CHINCHOLI LAY OUT, SHIVALINGA NAGAR
ANAND MAIN ROAD, KALABURAGI.
                                       ...RESPONDENT

   THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 21.04.2018 PASSED IN
R.A.NO.141/2017 ON THE FILE OF THE I ADDL. DIST.
                                 2



JUDGE,      VIJAYAPUR,    DISMISSING        THE   APPEAL     AND
CONFIRMING       THE     JUDGMENT     AND     DECREE      DATED
07.10.2017 PASSED IN O.S.NO.215/2015 ON THE FILE OF
THE   III    ADDL.     SENIOR   CIVIL   JUDGE       AND     JMFC,
VIJAYAPUR.


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


                         JUDGMENT

Learned counsel for the appellants has filed a

memo dated 18.01.2023 for withdrawal of the appeal,

which reads as follows:

"The Appellant No.2 has died issueless on 04.02.2021 and her LRs. are already on reocrd. Hence, the sworn affidavit of the Appellant No.1 is filed along with Memo along with copy of the Lok Adalath Award dated 12.03.2022 in FDP No.23/2018 for kind perusal and record. Hence, this RSA be dismissed as withdrawn as matter settled out of Court."

In view of the aforementioned, the above appeal

is dismissed as withdrawn.

SD/-

JUDGE

Srt