Smt.Sharavva W/O. Kallappa Hugar vs Smt.Shantavva W/O. Irappa Hugar
2023 Latest Caselaw 4384 Kant

                                                -1-
                                                   NC: 2023:KHC-D:7121-DB
                                                        RFA No. 100149 of 2018




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 13TH 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. 100149 OF 2018


                   BETWEEN:

                         SMT.SHARAVVA, W/O. KALLAPPA HUGAR,
                         SINCE DECEASED BY LRs,

                         SHRI. SHIVAJI, S/O. NANAPPA GHATGE,
                         AGE: 50 YEARS,
                         OCC: AGRICULTURE AND BUSINESS,
                         R/O: NEAR HAL GANESH TEMPLE,
                         VIDYAGIRI, DHARWAD-580 008.
                                                                  ...APPELLANT
                   (BY SRI.MADANMOHAN M.KHANNUR, ADVOCATE)


                   AND:

Digitally signed
by
                   1.    SMT. SHANTAVVA W/O. IRAPPA HUGAR
VIJAYALAKSHMI            SINCE DEAD BY LRs.,
M KANKUPPI
Date: 2023.07.16
11:15:20 +0530
                   2.    SRI. IRABASAPPA, S/O. IRAPPA HUGAR
                         AGE: 53 YEARS,OCC: AGRICULTURE,
                         R/O: HOSAYALLAPUR, NAVALUR ROAD,
                         NEAR LEATHER FACTORY,
                         DHARWAD-580 008.
                                                               ...RESPONDENTS

                   (BY SRI.S.R.HEGDE, ADV. FOR RESPONDENT NO.2.
                   RESPONDENT NO.2 IS TREATED AS LR OF RESPONDENT NO.1)

                        THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE
                   JUDGMENT AND DECREE DATED 31.01.2018 PASSED IN
                   O.S.NO.07/2012 ON THE FILE OF THE I-ADDITIONAL SENIOR
                                -2-
                                 NC: 2023:KHC-D:7121-DB
                                           RFA No. 100149 of 2018




CIVIL JUDGE AND CHIEF JUDIIAL MAGISTRATE, DHARWAD,
DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.

    THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
ASHOK S. KINAGI, J., MADE THE FOLLOWING:


                             ORDER

After arguing for sometime, learned counsel for the

appellant seeks leave of the Court to withdraw the appeal

with liberty to challenge the impugned order before the

appropriate Court.

Submission is placed on record.

The appeal is dismissed as withdrawn with the

aforesaid liberty.

The Registry is directed to return the certified copy of

the impugned judgment after retaining a photo copy.

Sd/-

JUDGE

Sd/-

JUDGE Kmv