Shri. Raosaheb Annaraojakanur vs The Commissioner
2023 Latest Caselaw 4198 Kant

                                                   -1-
                                                          NC: 2023:KHC-D:6935
                                                               RSA No. 5059 of 2011




                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 10TH DAY OF JULY, 2023

                                                 BEFORE
                            THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                           REGULAR SECOND APPEAL NO. 5059 OF 2011 (DEC-)
                        BETWEEN:

                            SHRI. RAOSAHEB ANNARAO JAKANUR,
                            AGE: 54 YEARS, OCC: AGRICULTURE,
                            R/O: I.B. ROAD, ATHANI-591304,
                            DIST: BELAGAVI.

                                                                       ...APPELLANT

                        (BY SRI. CHETAN MUNNOLI, ADVOCATE)

                        AND:

                            THE COMMISSIONER
                            BELGAUM URBAN DEVELOPMENT AUTHORITY,
                            ASHOKNAGAR,
                            BELAGAVI-590010.

YASHAVANT
           Digitally
           signed by
           YASHAVANT
           NARAYANKAR
                                                                     ...RESPONDENT
NARAYANKAR Date:
           2023.07.13
           11:43:01 -
           0700

                        (BY SRI. M A HULYAL, ADVOCATE)

                             THIS RSA IS FILED U/SEC.100 OF CPC., R/W. O.42 RULE 1
                        OF CPC., AGAINST THE JUDGEMENT & DECREE DTD:01-01-2011
                        PASSED IN R.A.NO.1094/2009 ON THE FILE OF THE PRINCIPAL
                        DISTRICT JUDGE, BELGAUM, ALLOWING THE APPEAL BY SETTING
                        ASIDE THE JUDGMENT DTD:30-11-2009 AND THE DECREE
                        PASSED IN O.S.NO.274/2007 ON THE FILE OF THE III-ADDL.
                        CIVIL JUDGE(SR.DN) & MEMBER, ADDL. MACT, BELGAUM,
                        DECREEING THE SUIT FILED FOR DECLARATION AND
                        CONSEQUENTIAL RELIEF.
                               -2-
                                          NC: 2023:KHC-D:6935
                                             RSA No. 5059 of 2011




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

                           ORDER

Learned counsel for the appellant has filed

I.A.No.1/2023 under Order XXIII Rule 1 & 3 of CPC for

withdrawal of the suit in O.S.No.274/2007 which was

decreed and in Regular Appeal the judgment and decree

was set aside and hence, this Regular Second Appeal is

filed challenging the judgment and decree of the First

Appellate Court. The permission to withdrawal is sought

with a liberty to file a writ petition but reserving liberty to

file writ petition does not fall within the jurisdiction of this

Court. However, the appellant is at liberty to withdraw the

suit. As such I.A.No.1/2023 is partly allowed and suit

bearing in O.S.No.274/2007 is permitted to be withdrawn

by appellant. Consequently, the appeal does not survive

for consideration and stands dismissed.

Sd/-

JUDGE

SSP