Smt.Madevi vs Moulasab
2024 Latest Caselaw 15052 Kant

Karnataka High Court

Smt.Madevi vs Moulasab on 28 June, 2024

                                                   -1-
                                                          NC: 2024:KHC-D:8822
                                                           RSA No. 100515 of 2016




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 28TH DAY OF JUNE, 2024

                                                 BEFORE

                                 THE HON'BLE MR JUSTICE C.M. POONACHA

                              REGULAR SECOND APPEAL NO. 100515 OF 2016

                      BETWEEN:

                      SMT. MADEVI D/O SHIVAPPA KUMBAR,
                      AGE: 47 YEARS, OCC: SERVICE,
                      R/O: RAMAPUR SITE, SAUNDATTI,
                      DIST: BELAGAVI-580008.
                                                                        ...APPELLANT
                      (BY SRI V.P.VADAVI, ADVOCATE)

                      AND:

                      MOULASAB HAJARATHSAB NADAF,
                      AGE: 43 YEARS, OCC: COOLIE,
                      R/O: RAMAPUR SITE, SAUNDATTI,
                      DIST: BELAGAVI-580008.
                                                                     ...RESPONDENT
                      (BY SMT. SHAILA BELLIKATTI, ADVOCATE)

Digitally signed by
SAROJA                       THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE
HANGARAKI
                      THE JUDGMENT AND DECREE DATED 18.03.2016 IN R.A.NO.9/2010
Location: HIGH
COURT OF              PASSED BY THE SENIOR CIVIL JUDGE, SAUNDATTI AT SAUNDATTI
KARNATAKA
DHARWAD               AND CONSEQUENTLY ALLOW THE SAME AND SET ASIDE THE ORDER
BENCH
DHARWAD               DATED 25.09.2010 AND DECREE DATED 04.10.2010 PASSED BY
                      CIVIL JUDGE, SAUNDATTI IN EXECUTION PETITION NO.2/2006.


                             THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
                                        -2-
                                             NC: 2024:KHC-D:8822
                                                RSA No. 100515 of 2016




                                   ORDER

Learned counsel for the appellant has filed a memo

which reads as follows:

"Memo for withdrawal

Herein the advocate for the appellant respectfully submit as under;

The appellant is not intending with the proceedings in this appeal with respect to maintainability of the second appeal.

Hence the appellant may be permitted to withdraw the appeal with liberty to avail the remedy before proper court of law."

In view of the aforementioned, the above appeal is

dismissed as withdrawn.

Sd/-

JUDGE

PJ CT:GSM