Sri.Shekar S/O Shankreppa ... vs Smt.Kamalawwa W/O Pandappa ...
2023 Latest Caselaw 4267 Kant

                                               -1-
                                                 NC: 2023:KHC-D:7014-DB
                                                       RFA No. 100087 of 2019




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 11TH DAY OF JULY, 2023
                                            PRESENT
                            THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                              AND
                           THE HON'BLE MR JUSTICE VENKATESH NAIK T
                           REGULAR FIRST APPEAL NO. 100087 OF 2019


                   BETWEEN:

                   SRI. SHEKAR S/O. SHANKREPPA MALAGHAN,
                   AGED ABOUT 77 YEARS, OCC: AGRICULTURE,
                   R/AT KONNUR, TQ: JAMKHANDI, 587308,
                   DIST: BAGALKOTE.
                                                                    ...APPELLANT
                   (BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)


                   AND:

                   1.   SMT. KAMALAWWA W/O. PANDAPPA NYAMAGOUD,
                        AGED ABOUT 71 YEARS, OCC: HOUSEHOLD WORK,
                        R/AT KUNCHANUR, TQ: JAMKHANDI,
                        DIST: BAGALKOTE 587306.

                   2.   SRI. ADIVEPPA A/S/O SATTEPPA MALGHAN,
Digitally signed        AGED ABOUT 77 YEARS, OCC: AGRICULTURE,
by
MOHANKUMAR              R/AT KONNUR, TQ JAMKHANDI,
B SHELAR
Date:                   DIST: BAGALKOTE -587308.
2023.07.14
15:27:47 +0530                                                   ...RESPONDENTS
                   (BY SRI.G.I.GACHCHINAMATH, ADVOCATE FOR R1;
                   NOTICE TO R2 IS SERVED AND UNREPRESENTED).


                        THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908, AGAINST
                   THE JUDGMENT AND DECREE DATED 21.09.2015 PASSED IN
                   O.S.NO.152/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
                   JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, JAMKHANDI,
                   DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE
                   POSSESSION.

                       THIS RFA COMING ON FOR ORDERS THIS DAY, ASHOK S.
                   KINAGI J., DELIVERED THE FOLLOWING:
                             -2-
                               NC: 2023:KHC-D:7014-DB
                                    RFA No. 100087 of 2019




                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this court to withdraw the appeal.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, pending I.A's if

any, do not survive for consideration and the same are

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

MBS