Chamundeshwari Electrical vs Smt Lakshmamma @ Sannamma
2023 Latest Caselaw 5024 Kant

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                                                       NC: 2023:KHC:26312
                                                           RSA No. 1550 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. 1550 OF 2015 (RES)

                      BETWEEN:
                      CHAMUNDESHWARI ELECTRICAL
                      SUPPLY COMPANY LIMITED,
                      BY ITS EXECUTIVE ENGINEER,
                      CHANNARAYAPATNA DIVISION,
                      CHANNARAYAPATNA, B.M. ROAD,
                      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.

                      2.    SRI. KRISHNE GOWDA,
                            S/O LATE JAVARE GOWDA,
                            AGED ABOUT 34 YEARS,
Digitally signed by
LAKSHMINARAYANA           BOTH ARE RESIDING AT N.G.KOPPALU VILLAGE,
MURTHY RAJASHRI
Location: HIGH
                          SHRAVANABELAGOLA HOBLI,
COURT OF                  CHANNARAYAPATNA TALUK,
KARNATAKA
                          HASSAN DISTRICT - 573 116.
                                                              ...RESPONDENTS
                      (BY SRI. RAMESHA M.N., ADVOCATE FOR R1-R2)
                            THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
                      AGAINST THE JUDGMENT AND DECREE DATED 11.11.2014
                      PASSED IN R.A. NO.401/2014 ON THE FILE OF THE P.O FAST
                      TRACK COURT CHANNARAYAPATNA DISMISSING THE APPEAL
                      AND CONFIRMING THE JUDGMENT AND DECREE DATED
                      5.07.2014 PASSED IN O.S. NO. 9/2010 ON THE FILE OF THE
                      COURT OF SENIOR CIVIL JUDGE CHANNARAYAPATNA AND
                      ETC.,
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                                          NC: 2023:KHC:26312
                                             RSA No. 1550 of 2015



    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. Nagaraju, son of 1st plaintiff due to electrocution on 26-07-2007 and Trial Court awarded compensation of Rs.6,12,000/-. 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.

Registry is directed to refund the admissible Court fee to

the appellant.

Sd/-

JUDGE PK CT: ABS