Sri. Srinivasa vs The Chief Secretary
2024 Latest Caselaw 9855 Kant

Karnataka High Court

Sri. Srinivasa vs The Chief Secretary on 4 April, 2024

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                                                       NC: 2024:KHC:14288
                                                 MFA No. 2067 of 2024




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 4TH DAY OF APRIL, 2024

                                       BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 2067 OF 2024 (CPC)
               BETWEEN:

               1.   SRI. SRINIVASA,
                    S/O LATE CHENNAVEEREGOWDA,
                    AGED ABOUT 62 YEARS,

               2.   SMT.MANJULA,
                    W/O SRINIVASA,
                    AGED ABOUT 51 YEARS,

                   BOTH R/AT MUTHURAYANAHOSAHALLI VILLAGE,
                   HANAGODU HOBLI, HUNSUR TALUK,
                   MYSURU DISTRICT-577 105.
                                                       ...APPELLANTS
               (BY SRI.K.S.GANESHA, ADVOCATE)

               AND:
Digitally
signed by BS   1.   THE CHIEF SECRETARY,
RAVIKUMAR           GOVT. OF KARNATAKA,
Location:
HIGH                VIDHANA SOUDHA,
COURT OF            BENGALURU-560 001.
KARNATAKA
               2.   THE CHIEF CONSERVATOR OF FOREST,
                    ARANYA BHAVAN,
                    MALLESHWARAM,
                    BENGALURU,
                    PIN-560 003.

               3.   THE DEPUTY CONSERVATOR OF FOREST,
                    HUNSUR DIVISION,
                    HUNSUR - PIN-577 105.
                              -2-
                                        NC: 2024:KHC:14288
                                     MFA No. 2067 of 2024




4.   THE FOREST OFFICER,
     HUNSUR RANGE,
     HUNSUR -577 105.
                                           ...RESPONDENTS

     THIS MFA FILED U/O 43 RULE 1(t) R/W SECTION 151 OF
CPC, AGAINST THE ORDER DATED 23.02.2024 PASSED IN
MISC.NO.7/2022 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC, HUNSUR, ALLOWING THE PETITION FILED
UNDER ORDER 41 RULE 19 OF CPC.

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


                       JUDGMENT

The learned counsel for the appellants submits that,

in view of the office objections raised regarding the

maintainability of the appeal, he may be permitted to

withdraw the appeal.

2. In view of the aforesaid submission, the appeal

is dismissed as withdrawn.

3. It is open for the appellants to take out

appropriate steps to challenge the impugned order before

the competent Court. The time consumed in pursuing this

appeal shall be deducted while calculating limitation in

NC: 2024:KHC:14288

respect of any proceeding initiated before the appropriate

Court.

4. Office is directed to return the certified copy of

the impugned order after retaining a photocopy.

Sd/-

JUDGE