Sri. P.L Venkatesh vs Smt. Rathnamma @ Nagarathna
2023 Latest Caselaw 3658 Kant

                                                  -1-
                                                        NC: 2023:KHC:21760
                                                          MFA No. 7049 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 23RD DAY OF JUNE, 2023

                                              BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                      MISCELLANEOUS FIRST APPEAL NO. 7049 OF 2022 (CPC)

                      BETWEEN:

                      1.    SRI. P.L. VENKATESH
                            S/O LATE LINGAPPA
                            AGED ABOUT 49 YEARS
                            RESIDENT OF PATTANDUR
                            AGRAHARA, WHITEFIELD POST
                            K.R. PURAM HOBLI
                            BENGALURU EAST TALUK
                            BENGALURU - 560 066.
                                                                    ...APPELLANT
                                   (BY SRI. SYED IMRAN, ADVOCATE)
                      AND:

                      1.    SMT. RATHNAMMA @ NAGARATHNA
                            D/O LATE LINGAPPA
                            AGED ABOUT 48 YEARS
Digitally signed by
SHARANYA T                  R/O DODDAHIGGALUR VILLAGE
Location: HIGH              KUDENUR POST, MALUR TALUK
COURT OF                    KOLAR DISTRICT - 563 130.
KARNATAKA

                      2.    SMT. PUTTAMMA @ PUTTATHAYAMMA
                            AGED ABOUT 80 YEARS
                            RESIDENT AT PATTANDUR
                            AGRAHARA, WHITE FILED POST
                            K.R. PURAM HOBLI
                            BENGALURU EAST TALUK
                            BENGALURU - 560 066

                      3.    SMT. YELLAMMA
                            D/O LATE LINGAPPA
                            AGED ABOUT 55 YEARS
                               -2-
                                      NC: 2023:KHC:21760
                                         MFA No. 7049 of 2022




     RESIDENT AT PATTANDUR AGRAHARA
     WHITEFIELD POST
     K.R. PURAM HOBLI
     BENGALURU EAST TALUK
     BENGALURU - 560 066

4.   SMT. MANJAMMA @ MANJULA
     D/O LATE LINGAPPA
     W/O LATE RAMANNA
     AGED ABOUT 51 YEARS
     C/O M.S. TAILORS
     BEHIND GANESH TEMPLE
     GOTTIGERE WEAVERS COLONY
     BENGALURU - 560 083
                                             ...RESPONDENTS

      THIS MFA IS FILED U/O 43 RULE 1 OF CPC, PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 16.07.2022 PASSED
ON I.A.Nos.10, 11, 13 AND 15 IN FDP NO.18/2011 ON THE
FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU.


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


                         JUDGMENT

The learned counsel appearing for the appellant has filed

a memo of even date seeking permission to withdraw the

appeal with a liberty to file writ petition on the same cause of

action.

NC: 2023:KHC:21760 MFA No. 7049 of 2022

In view of the memo filed by the learned counsel for the

appellant, the appeal is dismissed as withdrawn with liberty as

sought in the memo.

Sd/-

JUDGE

CP