Smt Akkamma vs Joseph Cherian
2024 Latest Caselaw 475 Kant

Karnataka High Court

Smt Akkamma vs Joseph Cherian on 5 January, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                           -1-
                                                           NC: 2024:KHC:658
                                                         RSA No. 65 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 5TH DAY OF JANUARY, 2024

                                        BEFORE
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                     REGULAR SECOND APPEAL NO. 65 OF 2022 (SP)
                 BETWEEN:
                    SMT AKKAMMA
                    W/O P.M JOHN,
                    AGED ABOUT 79 YEARS,
                    R/AT NO.176, JEEVAN SHOBHA,
                    7TH MAIN, MATTIKAL EXTENSION,
                    BENGALURU - 560054.




                                                               ...APPELLANT
                 (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE)

                 AND:
                    JOSEPH CHERIAN
                    S/O P.J.MAMMEER,
                    AGED ABOUT 63 YEARS,
Digitally
signed by           R/AT PALTHAJE OF BILINELE VILLAGE,
SUMA B N            POST NETTANA,
Location: High      PUTTUR TAUK
Court of
Karnataka           D.K - 574230.




                                                             ...RESPONDENT
                 (BY SRI. SIDDAMALLAPPA P M.,ADVOCATE)

                      THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41
                 RULE 1 OF CPC, RSA FILED UNDER SECTION 100 OF CPC
                 1908., TO SET-ASIDE THE JUDGMENT AND DECREE DATED
                            -2-
                                         NC: 2024:KHC:658
                                       RSA No. 65 of 2022




14.09.2021 PASSED IN RA.No.9/2019 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, PUTTUR, D.K,
CONFIRMING THE JUDGMENT AND DECREE DATED 07.01.2019
PASSED IN O.S. No.16/2006 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC, PUTTUR, D.K, BE DISMISSED AND
THIS APPEAL BE ALLOWED WITH COSTS THROUGHOUT.

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

Ms. Sowkhya Patil, learned counsel for the appellant

files a memo dated 05.01.2024 seeking dismissal of the

appeal as withdrawn.

Memo is taken on record.

Accordingly, appeal is dismissed as withdrawn.

Sd/-

JUDGE

RL