Chamundeshwari Electrical vs Smt Lakshmamma @ Sannamma
2023 Latest Caselaw 5020 Kant

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                                                         NC: 2023:KHC:26313
                                                           RSA No. 1551 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 28TH DAY OF JULY, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                           REGULAR SECOND APPEAL NO. 1551 OF 2015 (RES)


                      BETWEEN:

                      CHAMUNDESHWARI ELECTRICAL
                      SUPPLY COMPANY LIMITED,
                      BY ITS EXECUTIVE ENGINEER,
                      CHANNARAYAPATNA,
                      HASSAN DISTRICT - 573 116.
                                                                   ...APPELLANT
                      (BY SRI. G.C. SHANMUKHA, ADVOCATE)

                      AND:

                      1.    SMT. LAKSHMAMMA @ SANNAMMA,
                            W/O LATE JAVARE GOWDA,
                            AGED ABOUT 57 YEARS.

Digitally signed by
                      2.    SRI. KRISHNE GOWDA,
LAKSHMINARAYANA             S/O LATE JAVARE GOWDA,
MURTHY RAJASHRI
Location: HIGH              AGED ABOUT 34 YEARS,
COURT OF
KARNATAKA
                            BOTH ARE RESIDING AT
                            N.G.KOPPALU VILLAGE,
                            SHRAVANABELAGOLA HOBLI,
                            CHANNARAYAPATNA TALUK,
                            HASSAN DISTRICT - 573 116.
                                                                ...RESPONDENTS
                      (R1 AND R2 ARE SERVED)
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                                           NC: 2023:KHC:26313
                                               RSA No. 1551 of 2015




     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 11.11.2014
PASSED IN R.A. NO.403/2014 ON THE FILE OF THE PRESIDING
OFFICER,   FAST    TRACK    COURT,    CHANNARAYAPATNA
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 5.07.2014 PASSED IN O.S. NO. 11/2010
ON THE FILE OF THE COURT OF        SENIOR CIVIL JUDGE
CHANNARAYAPATNA AND ETC.,

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

Learned counsel for the appellant is present.

2. Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal. The memo reads as follows:

"MEMO FOR WITHDRAWAL

It is submitted that, the plaintiffs/respondents have filed the suit for Compensation with respect to the death of Sri.Javaregowda, husband of 1st plaintiff and father of the 2nd plaintiff due to electrocution on 26-07-2007 and Trial Court awarded compensation of Rs.2,62,000/-. The said award amount was deposited by the appellant before the Trial Court and appellant willing to withdraw the above appeal.

Hence, the appellant most respectfully pray that this Hon'ble Court may kindly be pleased to permit the appellant to withdraw the above appeal and same may be dismiss as withdrawn and direct to refund the entire court fee paid by the appellant, in the interest of justice and equity.

3. In view of the memo, the appeal is dismissed as

withdrawn.

NC: 2023:KHC:26313 RSA No. 1551 of 2015

Registry is directed to refund the admissible Court fee to

the appellant.

Sd/-

JUDGE

PK

CT: ABS