Smt Rathna vs Smt. Chandu Poojarthy
2023 Latest Caselaw 6285 Kant

                                            -1-
                                                       NC: 2023:KHC:31676
                                                      RSA No. 628 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 4TH DAY OF SEPTEMBER, 2023

                                         BEFORE
                           THE HON'BLE MR JUSTICE H.P.SANDESH
                     REGULAR SECOND APPEAL NO. 628 OF 2021 (INJ)
               BETWEEN:

               1.    SMT. RATHNA
                     AGED ABOUT 67 YEARS
                     D/O. LATE G. CHANDU POOJARI
                     R/O. KODI ROAD, AIRODY VILLAGE
                     SASTHANA POST,
                     UDUPI TALUK
                     AND DISTRICT- 576 226.

               2.    SRI MANOJ KUMAR
                     AGED ABOUT 57 YEARS
                     R/O. NEAR NANDA TALKIES
                     PANDESHWARA VILLAGE
                     SASTHANA POST,
                     UDUPI TALUK - 576 226
                                                            ...APPELLANTS

Digitally signed          (BY SMT. SUNITHA H. SINGH, ADVOCATE AND
by SHARANYA T                   SMT. BHARATHI G, ADVOCATE)
Location: HIGH
COURT OF         AND:
KARNATAKA
               1.    SMT. CHANDU POOJARTHY
                     AGED ABOUT 94 YEARS
                     NIECE OF LATE NANDYAPPA POOJARTHI
                     (SINCE DEAD BY LR i.e., RESPONDENT NO.2)

               2.    SRI KORAGA POOJARI
                     @ KORAGAPPA SUVARNA
                     AGED ABOUT 74 YEARS
                     S/O. SMT. CHANDU POOJARTHI
                                 -2-
                                               NC: 2023:KHC:31676
                                             RSA No. 628 of 2021




    ALL ARE RESIDENTS AT HIJARIMANE
    GUNDMI VILLAGE, SASTHANA POST,
    UDUPI TALUK AND DISTRICT - 576 226.
                                                  ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 14.08.2020
PASSED IN R.A.NO.6/2014 ON THE FILE OF THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE (SITTING AT KUNDAPURA)
KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING AND
UPHOLDING THE JUDGMENT AND DECREE DATED 08.04.2014
PASSED IN O.S.NO.9/2010 ON THE FILE OF THE SENIOR CIVIL
JUDGE, KUNDAPURA.

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

                           JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal on the

ground that a suit is filed in O.S.No.26/2022 is filed for the

relief of declaration and possession.

In view of filing of the suit for the relief of declaration and

possession, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

ST