Babu Bangera vs Smt Shobhalatha
2023 Latest Caselaw 3270 Kant

                                         -1-
                                               NC: 2023:KHC:20591
                                                  RFA No. 811 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 14TH DAY OF JUNE, 2023

                                     BEFORE
                 THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                 REGULAR FIRST APPEAL NO. 811 OF 2023 (DEC/INJ)
            BETWEEN:
            1.    BABU BANGERA
                  S/O LATE BAGGA POOJARY,
                  AGED ABOUT 76 YEARS,
                  SANGABETTU HOUSE,
                  SANGABETTU VILLAGE,
                  SIDDAKATTE,
                  BANTWAL TALUK.

            2.    RAMANI
                  W/O BABU BANGERA
                  AGED ABOUT 64 YEARS,
                  SANGABETTU HOUSE,
                  SASNGABETTU VILLAGE,
                  SIDDAKATTE,
                  BATWAL TALUK.

Digitally
            3.    ABHISHEK BANGERA,
signed by
PANKAJA S
                  S/O BABU BANGERA
Location:         AGED ABOUT 34 YEARS,
HIGH
COURT OF          R/AT SANGABETTU HOUSE,
KARNATAKA
                  SASNGABETTU VILLAGE, SIDDAKATTE,
                  BATWAL TALUK.
                                                        ...APPELLANTS
            (BY SRI. AKHIL S.,ADVOCATE)

            AND:

            SMT SHOBHALATHA
            W/O UMESH KARKAERA,
            AGED ABOUT 47 YEARS,
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                                     NC: 2023:KHC:20591
                                          RFA No. 811 of 2023




R/AT MATHRUCHAYA,
HOSMAR HOUSE,
BANTWAL KASABA VILLAGE,
BATWAL TALUK, D.K.
                                                  ...RESPONDENT
     THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2022
PASSED IN OS.No.65/2017 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND JMFC, BANTWAL D.K., PARTLY
DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.

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

1. Learned counsel for appellants has filed a Memo for

withdrawal of appeal seeking liberty to file Regular Appeal

before the District Court at Dakshina Kannada District.

2. Memo is placed on record.

3. Appeal is dismissed as withdrawn reserving liberty to

the appellants to file Regular Appeal before the

jurisdictional Court.

4. Registry to return the certified copy of the judgment

and decree to the appellants.

NC: 2023:KHC:20591 RFA No. 811 of 2023

5. If the appeal is filed before the jurisdictional Court,

the time spent in prosecuting this appeal shall be

condoned.

Sd/-

JUDGE

HNM