Sri Doddakariyappa vs Sri Manjunatha
2023 Latest Caselaw 3482 Kant

                                               -1-
                                                       NC: 2023:KHC:21032
                                                         RFA No. 1793 of 2007




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 19TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1793 OF 2007 (PAR)


                   BETWEEN:

                   SRI DODDAKARIYAPPA
                   S/O HANUMANAHALLI CHANNAPPA
                   AGED ABOUT 66 YEARS
                   R/AT DODDAMALLAPURA VILLAGE
                   CHANNAGIRI TALUK
                   DAVANAGERE DISTRICT.

                                                                 ...APPELLANT
                   (BY SRI. V B SIDDARAMAIAH., ADVOCATE)

                   AND:

                   1.    SRI MANJUNATHA
Digitally signed         S/O JOGI YELLAPPA
by
DHANALAKSHMI             AGED ABOUT 24 YEARS
MURTHY
Location: High     2.    SRI SHIVAPPA
Court of
Karnataka                S/O JOGI YELLAPPA
                         AGED ABOUT 21 YEARS
                         R1 AND R2 ARE R/AT
                         DODDAMALLAPURA VILLAGE
                         PRESENTLY R/AT
                         SOMALAPURA VILLAGE
                         CHANNAGIRI TALUK
                         DAVANAGERE DISTRICT-577218.

                   3.    SRI JOGI YELLAPPA
                         S/O HANUMANAHALLI CHANNAPPA
                               -2-
                                      NC: 2023:KHC:21032
                                        RFA No. 1793 of 2007




     AGED ABOUT 63 YEARS.

4.   SRI SANNAKARIYAPPA
     S/O HANUMANAHALLI CHANNAPPA
     AGED ABOUT 61 YEARS
     R3 AND R4 ARE R/AT
     DODDAMALLAPURA VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT.
                                             ...RESPONDENTS
(BY SRI. S V PRAKASH.,ADVOCATE FOR R1-2:
    SRI. B.N. RAVISHANKAR, ADVOCATE FOR R3:
    NOTICE TO R4 IS SERVED & UNREPRESENTED)


      THIS RFA IS FILED UNDER ORDER          41 RULE 1 R/W
SEC.96 OF CPC AGAINST THE JUDGEMENT AND DECREE
DATED:30.03.2007 PASSED IN OS.NO.73/2006 ON THE FILE
OF   THE   2ND   ADDL.CIVIL   JUDGE    (SR.DN.)   DAVANGERE,
DECREEING THE SUIT FOR PARTITION.

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

                       JUDGMENT

Learned counsel for the appellant has filed a memo

dated 13.06.2023 seeking leave of this Court to withdraw

the above appeal as not pressed.

Memo is taken on record.

NC: 2023:KHC:21032 RFA No. 1793 of 2007

Accordingly, the present appeal is dismissed as not

pressed.

Sd/-

JUDGE

HA