Sri.Prabhanna S/O Chanabasappa ... vs Sri.Shivappa S/O Basappa Koliwad
2023 Latest Caselaw 4087 Kant

                                                     -1-
                                                            NC: 2023:KHC-D:6791
                                                             RSA No. 100689 of 2018




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 6TH DAY OF JULY, 2023

                                                   BEFORE
                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                             REGULAR SECOND APPEAL NO. 100689 OF 2018 (INJ-)
                        BETWEEN:

                              SRI. PRABHANNA
                              S/O CHANABASAPPA RONAD,
                              AGE: 58 YEARS, OCC: AGRICULTURE,
                              R/O: LAXMESHWAR, TQ: SHIRAHATTI,
                              NOW TQ: LAXMESHWAR,
                              DIST: GADAG-582116.

                                                                        ...APPELLANT

                        (BY SRI. V.R.PATIL;
                        SRI. ASHOK T KATTIMANI, ADVOCATE)

                        AND:

                        1.    SRI. SHIVAPPA S/O BASAPPA KOLIWAD
                              AGE: 75 YEARS, OCC: WEAVER,
                              R/O: LAXMESHWAR, TQ: SHIRAHATTI,
                              NOW TQ: LAXMESHWAR,
                              DIST: GADAG-582116.
           Digitally
           signed by
           YASHAVANT
YASHAVANT  NARAYANKAR
NARAYANKAR Date:
                        2.    CHIEF OFFICER TOWN
           2023.07.10
           11:06:14 -
           0700
                              MUNICIPAL COUNCIL LAXMESHWAR,
                              R/O: LAXMESHWAR, TQ: SHIRAHATTI,
                              NOW TQ: LAXMESHWAR,
                              DIST: GADAG-582116.

                                                                     ...RESPONDENTS

                             THIS RSA IS FILED U/SEC.100 OF CPC, 1908, AGAINST THE
                        JUDGMENT AND DECREE DTD: 26.7.2018 PASSED IN R.A.NO.5/2018
                        ON THE FILE OF THE SENIOR CIVIL JUDGE, LAXMESHWAR,
                        DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
                        DECREE DTD: 16.12.2017 PASSED IN O.S.NO.100/2013 ON THE FILE
                        OF THE CIVIL JUDGE LAXMESHWAR, DISMISSING THE SUIT FILED
                        FOR PERMANENT INJUNCTION.
                                -2-
                                      NC: 2023:KHC-D:6791
                                       RSA No. 100689 of 2018




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

                              ORDER

Learned counsel for the appellant has filed a memo seeking

withdrawal of the appeal.

Memo is placed on record.

The appeal stands dismissed as withdrawn.

In view of disposal of the appeal, pending interlocutory

applications, if any, do not survive for consideration and are

disposed of accordingly.

Sd/-

JUDGE