Sri.B.K. Raju vs Smt. Jayamma
2024 Latest Caselaw 3138 Kant

Karnataka High Court

Sri.B.K. Raju vs Smt. Jayamma on 1 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                         NC: 2024:KHC:4466
                                                      MFA No. 8572 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8572 OF 2023 (CPC)

                   BETWEEN:

                   1.    SRI. B.K.RAJU
                         S/O KEMPANNA
                         AGED ABOUT 41 YEARS
                         R/A BANGINAGERE VILLAGE
                         THIPPAANDRA HOBLI
                         MAGADI TALUK
                         RAMNAGARA DISTRICT

                         AT PRESENT
                         SOMANAHALLI VILLAGE
                         KANAKAPURA MAIN ROAD
                         UTTARAHALLI HOBLI
                         BANGALORE SOUTH
                         BANGALORE-560001
Digitally signed                                              ...APPELLANT
by SHARANYA T
Location: HIGH               (BY SRI. ANIRUDH CHAMUNDA, ADVOCATE)
COURT OF           AND:
KARNATAKA
                   1.    SMT. JAYAMMA
                         W/O CHIKKA KEMPARUDRAIAH
                         AGED ABOUT 49 YEARS
                         R/AT KEMPAMMA TEMPLE
                         T. KORATAGERE VILLAGE
                         GULUR HOBLI, TUMKUR TALUK
                         TUMKUR DISTRICT

                   2.    SMT. LAKSHMIDEVAMMA
                         W/O GANGAIAH
                         AGED ABOUT 48 YEARS
                             -2-
                                       NC: 2024:KHC:4466
                                   MFA No. 8572 of 2023




     R/AT NAYAKANAPALYA VILLAGE
     MADABAL HOBLI,
     MAGADI TALUK
     RAMNAGAR DISTRICT.

3.   SMT. SAKAMMA
     W/O BYRAPPA
     AGED ABOUT 46 YEARS
     R/A KANNALLI VILLAGE
     YESJHWANTHAPURA HOBLI
     BANGALORE NORTH
     BANGALORE.

4.   SRI KEMPANNA
     S/O LATE CHENNARAYAPPA
     AGED ABOUT 60 YEARS

5.   SMT. ANUSUYA
     W/O PUTTARAJU
     AGED ABOUT 31 YEARS

     BOTH ARE R/AT
     BANGINAGERE VILLAGE
     THIPPASANDRA HOBLI,
     MAGADI TALUK
     RAMANAGARA DISTRICT.
                                        ...RESPONDENTS

      THIS MFA FILED IS UNDER ORDER 43 RULE 1(d) OF THE
CPC, AGAINST THE ORDER DATED 16.09.2023 PASSED IN
CIVIL MISC. NO.18/2017 ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC, MAGADI, REJECTING THE PETITION FILED
U/O.9 RULE 13 OF CPC.


      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                           NC: 2024:KHC:4466
                                       MFA No. 8572 of 2023




                         JUDGMENT

The learned counsel for the appellant has filed a

memo seeking permission of this court to withdraw the

appeal with a liberty to approach the appropriate court.

2. The said memo is taken on record.

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

withdrawn.

The Registry is directed to return the certified copies

after obtaining Xerox copies.

Sd/-

JUDGE

SS