Sri. N. Kashinath Pai vs Sri. Peddga Bovi
2023 Latest Caselaw 6809 Kant

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                                                         NC: 2023:KHC:34956
                                                         MSA No. 93 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        MISCELLANEOUS SECOND APPEAL NO. 93 OF 2023


                   BETWEEN:

                   SRI. N. KASHINATH PAI
                   AGED ABOUT 62 YEARSI
                   S/O LATE SRINIVAS PAI
                   R/AT KODIYAL KARENAHALLI VILLAGE
                   BIDADI HOBLI, RAMANAGARAM TALUK
                   RAMANAGARAM DISTRICT
                                                               ...APPELLANT
                   (BY SRI. MURALIDHAR S R., ADVOCATE)

                   AND:

                   1.    SRI. PEDDGA BOVI
                         S/O LATE MOTELLA BOVI
Digitally signed
by                       SINCE DEAD BY HIS LEGAL REPRESENTATIVES
DHANALAKSHMI
MURTHY
Location: High
                   1(a) SMT YELLAMMA
Court of                W/O LATE PEDDGA BOVI
Karnataka               AGED ABOUT 70 YEARS.

                   1(b) SMT RATHNAMMA
                        W/O DODDAIAH
                        AGED ABOUT 50 YEARS

                   2.    SMT LAKSHMAMMA
                         W/O GURUNATH
                         AGED ABOUT 48 YEARS
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                                       NC: 2023:KHC:34956
                                      MSA No. 93 of 2023




3.   SRI MUNIVENKATA
     S/O LATE SRI PEDDGA BOVI
     AGED ABOUT 49 YEARS

4.   SRI MUNIRAJU
     S/O LATE PEDDGA BOVI
     AGED ABOUT 45 YEARS

5.   SRI VENKATESH @ GUNDA
     S/O LATE PEDDGA BOVI
     AGED ABOUT 35 YEARS

6.   SRI DODDANNA
     SON IN LAW OF LATE PEDDGA BOVI
     AGED ABOUT 55 YEARS
     ALL ARE R/AT MANAMI DODDI
     KODIYAL KARENAHALLI VILLAGE
     BIDADI HOBLI,RAMANGARAM TALUK
     RAMANGARAM DISTRICT.
                                          ...RESPONDENTS
     THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) R/W
SEC.100 OF CPC., AGAINST THE ORDER DATED 17.02.2023
PASSED IN MA NO.7/2022 ON THE FILE OF PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, RAMANAGARA,       DISMISSING THE
APPEAL FILED U/O XLIV RULE 1 R/W SECTION 151 OF CPC
AND CONFIRMING THE ORDER DATED 31.01.2022 ON THE FILE
OF PRINCIPAL CIVIL JUDGE AND JMFC AT RAMANAGARA
PASSED ON IA NO.1 IN OS NO. 145/20.

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

1. Learned counsel for the appellant appeared through

Video Conference and submits that he may be permitted

to withdraw the above appeal with liberty to approach the

NC: 2023:KHC:34956 MSA No. 93 of 2023

appropriate legal forum. To that effect, he will file a memo

in the registry.

2. Submission is taken on record.

3. In view of the above, the appeal is dismissed as

withdrawn with liberty to approach the appropriate legal

forum.

4. The registry is directed to return the certified copy of

the appeal papers and documents to the appellant after

retaining the xerox copy of the same, forthwith.

Sd/-

JUDGE

HA