G Shivashankar S/O. Late B R Gopal ... vs Sri M Venkatappa S/O. ...
2023 Latest Caselaw 592 Kant

                             1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 9TH DAY OF JANUARY, 2023

                          BEFORE

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                R.S.A NO.149 OF 2009 (SP)
BETWEEN:
1. G. SHIVASHANKAR
S/O. LATE B R GOPAL RAO
AGED ABOUT 65 YEARS,
D.NO. 103/1, NANDI ROAD,
CHICKBALLAPUR TOWN AND DIST-562 101
2. R G LALITHAMMA
W/O K GANESH
AGED ABOUT 61 YEARS,
R/AT NO.1123, 10TH MAIN, 2ND CROSS
RAGHAVENDRA BLOCK, SRINAGAR,
BANGALORE-43

3. G SURYANARAYANA RAO
S/O LATE B R GOPAL RAO
AGED ABOUT 56 YEARS,
R/AT OLD HOSTEL BUILDING,
NEAR ETCM CIRCLE, BANGARPET MAIN ROAD,
KOLAR TOWN AND DISTRICT-562109
4. G ASWATHANARAYANA
S/O LATE B R GOPAL RAO
AGED ABOUT 54 YEARS,
R/AT NO 44/10, SLN NILAYA,
RAJIV GANDHI NAGAR, MOTHER THERESA ROAD,
BOMMANAHALLI, BANGALORE 68
                                              ...APPELLANTS
(BY SRI.T M VENKATA REDDY, ADVOCATE)
                              2


AND:

1. SRI M VENKATAPPA
S/O. MUNIVEERAPPA
AGED ABOUT 73 YEARS,
R/AT CHIKKAKADIGANAHALLI VILLAGE,
NANDI HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT

2. NAGALAKSHMI
W/O LATE SATHYANARAYANA RAO
AGED ABOUT 78 YEARS

3. S RAGHAVENDRA RAO
S/O LATE SATHYANARAYANA RAO
AGED ABOUT 55 YEARS

4. S SRINIVASA RAO
S/O LATE SATHYANARAYANA RAO
AGED ABOUT 50 YEARS

RESPONDENTS 2 TO 4 ARE R/AT NO 19/119,
NEAR POST OFFICE, SUBBARAYANAPET,
CHICKBALLAPUR TOWN AND DISTRICT-562101

                                            ...RESPONDENTS

(BY MS.S.K.NAGARATHNA, ADVOCATE FOR R1;
R2 & R3 SERVED & UNREPRESENTED;
V/O DTD: 18/01/2014 SERVICE IN RESPECT OF R4 H/S)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT    &    DECREE   DATED 11.12.2008    PASSED    IN
R.A.NO.101/2005 ON THE FILE OF THE DISTRICT & SESSIONS
JUDGE, CHICKBALLAPUR, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED 7.6.2005
PASSED IN OS.NO. 200/1998 ON THE FILE OF THE C/C ADDL.CIVIL
JUDGE (JR.DN.) & JMFC, CHICKBALLAPUR.
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    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal

Memo is taken on record.

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

CA