Channayya Shivayya ... vs Gururaj Boodayya Hiremath
2023 Latest Caselaw 4865 Kant

                                                    -1-
                                                           NC: 2023:KHC-D:7799
                                                            RSA No. 100291 of 2023




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 26TH DAY OF JULY, 2023

                                                  BEFORE
                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                             REGULAR SECOND APPEAL NO. 100291 OF 2023 (SP)
                        BETWEEN:
                              CHANNAYYA SHIVAYYA HALAPPAYYANAMATH
                              AGE: 61 YEARS, OCC: AGRICULTURE,
                              R/O: KAVALUR-583226,
                              TQ AND DIST: KOPPAL,
                              REPRESENTED BY GPA,
                              RACHAYYA CHANNAYYA HALAPPAYYANAMATH,
                              AGE: 31 YEARS, OCC: AGRICULTURE,
                              R/O: HIREVADDATTI-582113,
                              TQ: MUNDARAGI, DIST: GADAG
                                                                      ...APPELLANT
                        (BY SMT. KAVYA C SHETTAR, ADVOCATE)
                        AND:

                        1.    GURURAJ BOODAYYA HIREMATH
                              AGE: 35 YEARS, OCC: AGRICULTURE,
                              R/O: HOSAPETE-583201. TQ: HOSAPETE,
                              DIST: VIJAYANAGARA.

           Digitally
           signed by
                        2.    CHANNAMMA GAVISIDDAYYA HALAPPAYYANAMATH
YASHAVANT
           YASHAVANT
           NARAYANKAR
NARAYANKAR Date:
                              AGE: 56 YEARS, OCC: AGRICULTURE,
           2023.07.26
           17:13:39 -
           0700
                              R/O: KAVALOOR-583226,
                              TQ AND DIST: GADAG.
                                                                    ...RESPONDENTS
                             THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 42
                        RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
                        02.12.2022 PASSED IN R.A.NO.149/2022 ON THE FILE OF THE
                        PRINCIPAL JUDGE FAMILY COURT KOPPAL, DISMISSING THE
                        APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
                        05.09.2017, PASSED IN O.S. NO 66/2012 ON THE FILE OF THE
                        SENIOR CIVIL JUDGE KOPPAL, DECREEING THE SUIT FILED FOR
                        SPECIFIC PERFORMANCE OF CONTRACT.
                              -2-
                                    NC: 2023:KHC-D:7799
                                      RSA No. 100291 of 2023




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

                            ORDER

Learned counsel for the appellant filed a memo for

withdrawal of the appeal.

The memo is placed on record.

In view of the memo, the appeal is dismissed as

withdrawn. No order as to costs.

Sd/-

JUDGE

SSP