Smt A Yashoda vs Smt Ashwathamma
2023 Latest Caselaw 7125 Kant

                                             -1-
                                                          NC: 2023:KHC:36524
                                                        MFA No. 1524 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 1524 OF 2023 (CPC)
                   BETWEEN:

                   SMT A YASHODA
                   W/O LATE K KRISHNAPPA
                   @ KRISHNAIAH
                   AGED ABOUT 52 YEARS
                   RESIDING AT GOPALAPPA BUILDING
                   2ND CROSS, BHUVANESHWARI NAGAR
                   R T NAGAR, BANGALORE-560032.
                   ALSO AT NO.20, 1ST MAIN ROAD
                   2ND B CROSS, SRINIDHI LAYOUT
                   KONANKUNTE, BANGALORE SOUTH
                   BANGALORE-560062.
                                                                ...APPELLANT
                   (BY SRI. LOKESHA D., ADVOCATE)

                   AND:
Digitally signed
by
DHANALAKSHMI       1.    SMT ASHWATHAMMA
MURTHY                   W/O LATE AYANNA
Location: High           AGED ABOUT 66 YEARS
Court of
Karnataka                RESIDING AT NO.20
                         1ST MAIN ROAD, KONANKUNTE
                         BANGALORE-560062.

                   2.    SRI.M. SRINIVAS
                         S/O MUNIANJINAPPA
                         AGED ABOUT 55 YEARS
                         R/AT HOMMADVANAHALLI VILLAGE
                         BANGALORE SOUTH TALUK
                         BANGALORE-560078.
                                                             ...RESPONDENTS
                               -2-
                                              NC: 2023:KHC:36524
                                          MFA No. 1524 of 2023




     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 10.10.2022 PASSED ON I.A.NO.
1 IN MISC.NO.15/2022 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU,     DISMISSING THE I.A.NO. 1 FILED UNDER
SECTION 5 OF THE LIMITATION ACT READ WITH SECTION 151
OF CPC.

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

The learned counsel for the appellant has filed a

memo dated 9.10.2023 seeking leave of this Court to

withdraw the appeal with liberty to approach the

appropriate legal forum.

The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellant to approach the appropriate

legal forum.

Sd/-

JUDGE

DM