Smt Srimathi Shedthy W/O Gopala ... vs Smt Vasanthi Shedthy W/O ...
2023 Latest Caselaw 377 Kant

                                            -1-
                                                      RFA No. 2021 of 2006




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 5TH DAY OF JANUARY, 2023

                                       BEFORE

                      THE HON'BLE MR JUSTICE N S SANJAY GOWDA

                      REGULAR FIRST APPEAL NO. 2021 OF 2006 (PAR)

               BETWEEN:

                    SMT.SRIMATHI SHEDTHY
                    W/O GOPALA SHETTY
                    AGED ABOUT 46 YEARS
                    R/AT BANNADY, VADDARSE VILLAGE
                    UDUPI TQ, UDUPI DIST
                                                              ...APPELLANT
               (BY SMT.ARCHANA NAIR, FOR
               SRI. A.ANANDA SHETTY, ADVOCATE)

               AND:

               1.   SMT.VASANTHI SHEDTHY
                    W/O BALAKRISHNA SHETTY
Digitally           AGED ABOUT 38 YEARS
signed by           R/AT DEEPTHI NILAYA, BAIDEBETTU
PANKAJA S
                    KOKKARNE, GUDDE ANGADI
Location:           UDUPI TQ
High Court
of Karnataka        UDUPI DIST

               2.   SMT.SHUBHAVATHI S.SHEDTHY
                    W/O B.S.SADASHIVA SHETTY
                    AGED ABOUT 42 YEARS
                    R/AT BALAGUNDA VILLAGE
                    SOMVARPET
                    KODAGU DIST

               3.   SRI SRIDHAR M. SHETTY
                             -2-
                                       RFA No. 2021 of 2006




     AGED ABOUT 36 YEARS
     S/O LATE GULABI SHEDTHY
     A-3, BUILDING SECTOR 16
     PHASE- 3, NERUL
     NEW MUMBAI-400 706

4.   SMT.RAMAVATHI SHEDTHY
     AGED ABOUT 61 YEARS
     W/O SADASHIVA SHETTY
     YALAHAKLU, VADDARSE VILLAGE
     UDUPI TQ AND DIST

                                            ...RESPONDENTS
(BY SRI. K.M.NATARAJ, ADVOCATE FOR R1
    R2, R4 ARE SERVED)

     THIS RFA FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGEMENT AND DECREE DATED 03.08.2006 PASSED IN
O.S. NO.52/2000 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
KUNDAPUR, DECREEING THE SUIT FOR PARTITION AND ETC.

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

                        JUDGMENT

The learned counsel for the appellant submits that

the appellant, in fact, intends to withdraw the appeal and

had instructed them to prepare an affidavit accordingly.

She produced a copy of the e-mail addressed to one

Mr.Suraj, who is a relative of the appellant, in which it is

stated that the affidavit for withdrawal has been attached

RFA No. 2021 of 2006

for her attestation and for getting it sworn to before the

Notary.

Same is taken on record.

In view of the above, the appeal is dismissed as

withdrawn.

The learned counsel for the appellant is permitted to

file an affidavit within a period of two weeks from today.

SD/-

JUDGE

RK CT: AN