Sri. Murulidhar S/O. Maruti Patil vs Sri. Sachin S/O. Mohan Kallimani
2023 Latest Caselaw 2440 Kant

                                                                    -1-
                                                                           RSA No. 100457 of 2023




                                                     IN THE HIGH COURT OF KARNATAKA
                                                             DHARWAD BENCH

                                                   DATED THIS THE 18TH DAY OF MAY, 2023

                                                                 BEFORE

                                             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                                                 REGULAR SECOND APPEAL NO.100457 OF 2023

                                      BETWEEN:

                                      SRI MURULIDHAR S/O. MARUTI PATIL
                                      AGE: 43 YEARS, OCC: PRIVATE JOB,
                                      R/O.H.NO.761/E, 3RD CROSS, BHAGYA NAGAR, BELAGAVI-
                                      590006

                                                                                        ...APPELLANT
                                      (BY SRI SOURABH      HEDGE,   FOR   SRI   SHREEVATSA HEGDE,
                                      ADVOCATE)

                                      AND:

                                      SRI SACHIN S/O. MOHAN KALLIMANI
                                      AGE: 53 YEARS, OCC: BUSINESS,
                                      R/O.R.S.NO.51/1/1, 3RD CROSS, BHAGYA NAGAR,
                                      BELAGAVI-590006.

                                                                                      ...RESPONDENT
                Digitally signed by
                CHANDRASHEKAR
                LAXMAN
CHANDRASHEKAR   KATTIMANI
LAXMAN
KATTIMANI       Location:
                DHARWAD
                Date: 2023.05.18
                17:46:49 -0700


                                            THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
                                      ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908,
                                      PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                                      18.04.2022, PASSED IN R.A.NO.94/2019, ON THE FILE OF THE
                                      PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI, DISMISSING
                                      THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
                                      02.11.2018, PASSED IN O.S.NO.624/2011, ON THE FILE OF THE III
                                      ADDITIONAL CIVIL JUDGE AND JMFC, BELAGAVI, DISMISSING THE
                                      SUIT FILED FOR PERMANENT INJUNCTION, ETC.,.

                                           THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
                                      PASSED THE FOLLOWING:
                               -2-
                                     RSA No. 100457 of 2023




                           ORDER

Appellant has filed a memo seeking withdrawal of the

captioned second appeal. In the memo it is indicated that

the present second appeal arises out of an injunction suit.

It is also indicated that appellant intends to file a

comprehensive suit and therefore has sought leave to

withdraw the captioned second appeal.

The memo is taken on record. Appellant is permitted

to withdraw the appeal as indicated in the memo.

Sd/-

JUDGE

MRK