The Excutive Engineer vs Prema
2023 Latest Caselaw 5025 Kant

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                                                         NC: 2023:KHC:26314
                                                             RSA No. 809 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. 809 OF 2015 (RES)

                      BETWEEN:

                      THE EXCUTIVE ENGINEER,
                      CHAMUNDESHWARI ELECTRICITY
                      SUPPLY CORPORATION,
                      CHANNARAYAPATNA DIVISION,
                      B.M. ROAD,
                      CHANNARAYAPATNA,
                      HASSAN DISTRICT - 573 116.
                                                                    ...APPELLANT
                      (BY SRI. G.C. SHANMUKHA, ADVOCATE)

                      AND:

                      1.    PREMA,
                            W/O JAYARAM,
                            AGED ABOUT 34 YEARS.

                      2.    ABHITHA,
Digitally signed by         D/O LATE JAYARAM,
LAKSHMINARAYANA             AGED ABOUT 9 YEARS.
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA
                      3.    AMOOLYA,
                            D/O LATE JAYARAM,
                            AGED ABOUT 8 YEARS.

                      4.    APOORVA,
                            D/O LATE JAYARAM,
                            AGED ABOUT 8 YEARS,
                            ALL ARE RESIDING AT
                            BEDIGANAHALLI VILLAGE,
                            KASABA HOBLI, CHANNARAYAPATNA,
                            HASSAN DISTRICT - 573 116.
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                                            NC: 2023:KHC:26314
                                                 RSA No. 809 of 2015




    RESPODENTS NO.2 TO 4 ARE MINORS
    REPRESENTED BYTHEIR GURDIAN MOTHER
    RESPONDENT NO.1
                                        ...RESPONDENTS
(BY SRI. D.N. DHRUVA KUMAR, ADVOCATE FOR R1;
    R2 TO R4 ARE MINORS REPRESENTED BY R1)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 10.04.2014
PASSED IN R.A.NO.28/2013 ON THE FILE OF THE P.O FAST
TRACK COURT, CHANNARAYAPATNA, PARTLY ALLOWING THE
APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE
DATED 3.08.2012 PASSED IN OS.NO.42/2011 ON THE FILE OF
THE SENIOR CIVIL JUDGE AT 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 on account of death of Sri.Jayaram, who is the husband of the 1st plaintiff and father of the remaining plaintiffs due to electrocution on 08-09-2010 and Trial Court awarded compensation of Rs.4,00,000/- (four lakhs) and plaintiff and defendant/ appellant have filed the appeal by challenging the judgement and decree passed by the Trial Court. The lower Appellate Court partly allowed the appeal filed by the plaintiffs and enhanced the compensation from Rs.4,00,000/- to Rs.5,76,000/-. The said award

NC: 2023:KHC:26314 RSA No. 809 of 2015

amount was deposited by the appellant before the Trial Court.

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