Gopal vs N Bharathi
2024 Latest Caselaw 5595 Kant

Karnataka High Court

Gopal vs N Bharathi on 22 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                           NC: 2024:KHC:7365
                                                        MFA No. 8931 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                   MISCELLANEOUS FIRST APPEAL NO. 8931 OF 2017 (CPC)
                   BETWEEN:

                   1.    GOPAL
                         SON OF N. NAGARAJAPPA
                         AGED ABOUT 44 YEARS
                         RESIDENT OF "SHIVA KRUPA"
                         N:847/7A,
                         BEERESHWARA BADAVANE,
                         SARASWATHI NAGARA,
                         DAVANAGERE-577 003.
                                                                ...APPELLANT

                              (BY SRI M. KRISHNE GOWDA, ADVOCATE)
                   AND:

                   1.    N. BHARATHI
                         W/O. N. PRABHAKAR
                         AGED ABOUT 39 YEARS
Digitally signed         HOUSE WIFE
by SHARANYA T            NO:62, "REVANASIDDESHWARA NILAYA"
Location: HIGH           KENGERI-UPANAGARA
COURT OF
KARNATAKA                (NEAR APEX NAGARA)
                         BANGALORE-560 060.

                   2.    N. GEETHA
                         W/O. D.S. SATHYANAARAYANA
                         AGED ABOUT 43 YEARS
                         C/O. NAGARAJACHAR,
                         RANGANATHA COMPLEX,
                         GOWRI KOPLU ROAD,
                         HASSAN-573 201.

                   3.    PRADEEP KUMAR
                         S/O. N. NAGARAJAPPA
                              -2-
                                           NC: 2024:KHC:7365
                                       MFA No. 8931 of 2017




    AGED ABOUT 34 YEARS
    WORKING IN FACTORY
    RESIDENT OF NO: 27
    "ANUGRAHA BUILDING"
    4TH CROSS, KALIDAS LAYOUT,
    BANGALORE 50.
                                              ...RESPONDENTS

  (BY SRI SHAMS AHMED PATHAN, ADVOCATE FOR R1 & R2)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC,
1908 AGAINST THE ORDER DATED 31.08.2017 PASSED IN
MISC.NO. 26/2011 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND ADDITIONAL M.A.C.T.VI, SHIVAMOGGA,
DISMISSING THE PETITION FILED UNDER ORDER IX RULE 13
OF CPC.

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

                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal, since

the appellant and the respondents have settled the matter out

of Court.

In terms of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

ST