Smt.Shweta W/O. Pavan Kanago vs Sri.Deepak S/O. Suryanarayanrao ...
2024 Latest Caselaw 5297 Kant

Karnataka High Court

Smt.Shweta W/O. Pavan Kanago vs Sri.Deepak S/O. Suryanarayanrao ... on 21 February, 2024

                                              -1-
                                                NC: 2024:KHC-D:4263-DB
                                                     RFA No. 100499 of 2019




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                           PRESENT
                           THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                             AND
                             THE HON'BLE MR JUSTICE RAJESH RAI K
                   REGULAR FIRST APPEAL NO. 100499 OF 2019 (PAR/POS)
                   BETWEEN:

                   1.   SMT. SHWETA W/O. PAVAN KANAGO,
                        AGE : 31 YEARS, OCC : HOUSE HOLD,
                        R/O : KANAGO COMPOUND,
                        RUKMINI NIVAS, YAMMIKERI,
                        TQ/DIST: DHARWAD-580002.

                   2.   SRI. GOPALKRISHNA S/O. DEEPAK KALAGHATAGI
                        AGE : 31 YEARS, OCC: BUSINESS,
                        R/O :S.H.KALGHATAGI COMPOUND,
                        MALAMADDI,
                        TQ/DIST: DHARWAD-580001.
                                                             ...APPELLANTS
Digitally signed
by
SHIVAKUMAR
HIREMATH           (BY SRI. ARUN L. NEELOPANT, ADVOCATE)
Date:
2024.02.22
14:47:01 +0530
                   AND:

                   1.   SRI.DEEPAK
                        S/O. SURYANARAYANRAO KALAGHATAGI
                        AGE : 64 YEARS, OCC: BUSINESS,
                        R/O :S.H.KALGHATAGI COMPOUND,
                        MALAMADDI, TQ/DIST: DHARWAD-580001.

                   2.   SMT.RAMA W/O. DEEPAK KALAGHATAGI
                        AGE : 56 YEARS, OCC: HOUSEHOLD,
                        R/O :S.H.KALGHATAGI COMPOUND,
                        MALAMADDI, TQ/DIST: DHARWAD-580001.
                            -2-
                             NC: 2024:KHC-D:4263-DB
                                     RFA No. 100499 of 2019




3.   SMT.SHRUTI W/O. PRASANNA KANAGO
     AGE : 31 YEARS,
     OCC: HOUSEHOLD,
     R/O :KANAGO COMPOUND,
     RUKMINI NIVAS YAMMIKERI,
     TQ/DIST: DHARWAD-580001.

4.   SURENDRA
     S/O. SURYANARAYANRAO KALAGHATAGI
     AGE : 73 YEARS,
     OCC: RETD.LECTURER
     R/O: FLAT NO.306,
     CHAYA BUILDING,
     APNAGHAR CO-OPERATIVE,
     HOUSING SOCIETY
     SWAMI SAMARTH NAGAR,
     ANDHERI WEST MUMBAI-400102.
                                              ...RESPONDENTS

(NOTICE SERVED TO R1, R2M R3;
SRI. J.S. SHETTY, ADVOCATE FOR R4)


       THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF
CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE DATED:14.10.2019 PASSED IN O.S.NO.242/2015 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
CHIEF JUDICIAL MAGISTRATE, DHARWAD AND DECREE THE
SUIT   BEARING   O.S.NO.242/2015   IN   THE    INTEREST   OF
JUSTICE AND EQUITY.


       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
                                 -3-
                                     NC: 2024:KHC-D:4263-DB
                                         RFA No. 100499 of 2019




                          JUDGMENT

1. Appellant No.2, respondent Nos.1 and 4 are

present before the Court and they are identified by their

respective counsels.

2. After arguing for some time, the learned

counsel for the appellants filed a memo signed by the

appellant No.2-Sri. Gopalakrishna S/o. Deepak

Kalaghatagi, seeking leave of the Court to withdraw the

appeal.

3. The said memo is placed on record.

4. The appellant No.1-Smt. Shweta W/o. Pavan

Kanago, appeared through whatsapp video conference

bearing mobile No.8123804756 and submitted her no

objection for withdrawal of the appeal.

5. Her submission is placed on record.

6. Respondent Nos.1 and 4 submits their no

objection for withdrawal of the appeal.

NC: 2024:KHC-D:4263-DB

7. In view of the submissions made above by the

respective parties, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

SVH