S Krishnamurthy vs S V Muniyappa
2024 Latest Caselaw 12658 Kant

Karnataka High Court

S Krishnamurthy vs S V Muniyappa on 6 June, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                 -1-
                                                            NC: 2024:KHC:19667
                                                        RSA No. 1507 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF JUNE, 2024

                                               BEFORE
                        THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                   REGULAR SECOND APPEAL NO. 1507 OF 2014 (DEC/INJ)
                   BETWEEN:

                   S KRISHNAMURTHY
                   S/O LATE SARASWATHAMMA
                   @ THAPA SARASWATHAMMA,
                   AGED ABOUT 65 YEARS
                   R/O YELDUR VILLAGE AND HOBLI,
                   SRINIVASAPUR TALUK
                   KOLAR-56138
                                                                   ...APPELLANT
                   (BY SMT. SUNANDA SARKAR., ADVOCATE FOR
                     SRI. DEEPAK J.,ADVOCATE)

                   AND:

                   1.   S V MUNIYAPPA
                        S/O VENKATARAMAIAH,
                        AGED ABOUT 69 YEARS,
                        RETIRED TEACHER
Digitally signed
by                 2.   PADMANABHA SHASTRY
NARAYANAPPA
LAKSHMAMMA              S/O KRISHNAMURTHY,
Location: HIGH          AGED ABOUT 70 YEARS,
COURT OF                RETIRED TEACHER
KARNATAKA
                   3.   MUNINARAYANAPPA
                        S/O KOTHA NARAYANAPPA,
                        AGED ABOUT 69 YEARS,

                   4.   MUNILAKSHMAMMA
                        W/O JANARDHANAPPA
                        AGED ABOUT 50 YEARS,

                   5.   ILLLIYAS
                        S/O AMEER JAN
                        AGED ABOUT 58 YEARS,
                                 -2-
                                              NC: 2024:KHC:19667
                                           RSA No. 1507 of 2014




     ALL ARE R/AT YELDUR VILLAGE AND HOBLI,
     SRINIVASAPUR TALUK,
     KOLAR DISTRICT-563138

6.   IMITHIYAZ
     AGED ABOUT 85 YEARS,
     FRUIT MERCHANT
     R/ATNEAR SOUNDRYA HOTEL
     ABUTTING TO COURT COMPLEX,
     MULBAGILU TOWN
     KOLAR-563132

                                            ...RESPONDENTS
(BY SRI. SAMPATH ANAND SHETTY.,ADVOCATE FOR R1 TO R4;
    R5-SERVED AND UNREPRESENTED)

      THIS RSA FILED UNDER SEC.100 OF CPC., PRAYING TO CALL
FOR THE RECORDS IN O.S.NO.174/2007 ON THE FILE OF THE PRL
CIVIL JUDGE AND JMFC AT SRINIVASAPUR AND R.A. NO. 118/2013
ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC
KOLAR AND ETC.

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



                           JUDGMENT

1. The appellant is before this Court seeking for the

following reliefs;

i. Call for the records in O.S.No.174/2007 on the file of the Prl. Civil Judge and JMFC at Srinivasapur and R.A.No.118/2013 on the file of the II Additional Senior Civil Judge and JMFC Kolar and

ii. Set aside the judgment and decree dated 16.08.2014 passed in R.A.No.118/2013 on the file of the II Additional Senior Civil Jude and JMFC Kolar vide Annexure-A and suit in O.S.No.174/2007 order dated 27.5.2013 on the

NC: 2024:KHC:19667

file of the Civil Judge and JMFC at Srinivasapur vide Annexure-B.

iii. Pass any other order/s as this Hon'ble Court deems fit to be granted in the circumstances of the case in the interest of justice and equity.

2. A memo dated 04.06.2024 signed by the appellant

has been filed by the learned counsel for the

appellant, which reads as under:-

MEMO FOR WITHDRAWAL

The appellant is filing this above memo before this Hon'ble Court for withdrawal the above appeal as not pressed hence filing the memo for the kind perusal of this Hon'ble Court, in the interest of justice and equity.

3. Accepting the said memo and the submission made

by the learned counsel for the appellant, the appeal

is dismissed as withdrawn.

Sd/-

JUDGE

PRS