Smt Violet D Souza Nee Sequiera vs Mr. Thameem
2023 Latest Caselaw 6810 Kant

                                             -1-
                                                        NC: 2023:KHC:35000
                                                        MSA No. 60 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. 60 OF 2023
                   BETWEEN:

                   SMT. VIOLET D SOUZA NEE SEQUIERA
                   D/O LATE MARK SEQUIERA
                   AGED ABOUT 56 YEARS
                   R/AT KAVERIKATTE
                   DARBE, PUTTUR 574202.
                                                               ...APPELLANT
                   (BY SRI. NARASIMHA RAJESH K S., ADVOCATE)

                   AND:

                   MR. THAMEEM
                   S/O AYEEF
                   AGED ABOUT 49 YEARS
                   R/O G-47, NEAR SAINT SEBASTIAN PRAYER HALL
                   4TH BLOCK, KRISHNAPURA
Digitally signed   SURATHKAL, MANGALORE 575011
by
DHANALAKSHMI                                                ...RESPONDENT
MURTHY
                         THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
Location: High
Court of           PRAYING TO SET ASIDE THE ORDER DATED:09.11.2022
Karnataka          PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM,
                   MANGALURU IN MA No.18/2021 AND THE ORDER DATED
                   01.10.2022 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND
                   JMFC,    MANGALORE     IN  MIS.CASE   No.15/2017   AND
                   CONSEQUENTLY THE OS No.954/2015 ON THE FILE OF THE IV
                   ADDITIONAL CIVIL JUDGE AND JMFC, MANGALORE BE
                   RESTORED. PASS SUCH OTHER ORDERS AS THIS HONBLE
                   COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN
                   THE INTEREST OF JUSTICE AND EQUITY.
                              -2-
                                           NC: 2023:KHC:35000
                                           MSA No. 60 of 2023




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

1. Learned counsel for the appellant has filed a memo

dated 26.09.2023 stating that he may be permitted to

withdraw the above appeal with liberty to approach the

appropriate legal forum, if law permits.

2. Memo dated 26.09.2023 is placed 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