Smt Pankaja Vishwanath vs Sri K R Vijayan
2023 Latest Caselaw 1722 Kant

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                                                           RSA No. 1058 of 2019




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 7TH DAY OF MARCH, 2023

                                               BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                      REGULAR SECOND APPEAL NO. 1058 OF 2019 (DEC/INJ)

                      BETWEEN:

                      1.    SMT. PANKAJA VISHWANATH
                            W/O C.J.VISHWANATH,
                            AGED 46 YEARS,
                            CHANNAPURA ROAD, FORT,
                            CHIKKAMAGALURU (POST),
                            PIN -577 101.
                                                                      ...APPELLANT
                                    (BY SRI. N.K.RAMESH., ADVOCATE)

                      AND:

                      1.    SRI K.R. VIJAYAN
                            S/O RAMAN,
                            AGED 56 YEARS,
                            MANJUNATHA SAW MILLS,
Digitally signed by
SHARANYA T                  HIREMAGALURU JYOTHINAGAR (POST),
Location: HIGH              CHIKKAMAGALURU DISTRICT.
COURT OF                    PIN: 577 101.
KARNATAKA

                      2.    SMT. LEELA
                            AGED 61 YEARS,
                            W/O LATE JOSEPH KURIAN

                      3.    SACHIN
                            AGED 29 YEARS,
                            W/O LATE JOSEPH KURIAN,

                      4.    JOY
                            S/O LATE JOSEPH KURIAN,
                            AGED 36 YEARS,
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                                           RSA No. 1058 of 2019




5.   MOHAN
     S/O LATE JOSEPH KURIAN,
     AGED 31 YEARS,

6.   KIRAN
     S/O LATE JOSEPH KURIAN,
     AGED 26 YEARS,

     THE RESPONDENT Nos.2 TO 6 ARE THE
     RESIDENTS OF AMBLE ROAD,
     HIREMAGALURU, JYOTHINAGAR POST,
     CHIKKAMAGALURU DISTRICT-577 101.
                                               ...RESPONDENTS

         (BY SRI. SARAVANA S., ADVOCATE FOR R1)


      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 23.02.2019
PASSED IN RA.No.43/2018 ON THE FILE OF THE PRINCIPAL
SENIOR    CIVIL    JUDGE     AND    CJM,     CHIKKAMAGALURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 26.03.2018 PASSED IN O.S.No.410/2013
ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC.,
CHIKKAMAGALURU.


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


                          JUDGMENT

The learned counsel appearing for the appellant has filed

a memo stating that on instructions of the appellant, he intends

to withdraw the appeal.

RSA No. 1058 of 2019

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

appellant, the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, I.A.No.1/2019 for stay

does not survive for consideration and the same stands

disposed of.

Sd/-

JUDGE

CP