Gururaj S/O Sri Somrao Alias Shamrao ... vs Mandakini Wife Of Sri Sudhindra Rao And ...
2024 Latest Caselaw 6280 Kant

Karnataka High Court

Gururaj S/O Sri Somrao Alias Shamrao ... vs Mandakini Wife Of Sri Sudhindra Rao And ... on 1 March, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                            RFA No.200177 of 2022




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                              DATED THIS THE 1ST DAY OF MARCH, 2024

                                             PRESENT

                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                AND
                               THE HON'BLE MR. JUSTICE K V ARAVIND

                           REGULAR FIRST APPEAL NO.200177 OF 2022 (PAR)

                      BETWEEN:

                      SRI GURURAJ
                      S/O SRI SOMRAO ALIAS SHAMRAO JOSHI
                      AGED ABOUT 68 YEARS
                      OCC: BRANCH MANAGER
                      CORPORATION BANK
                      ELECTRONIC CITY BRANCH
                      BENGALURU - 560 080.
                                                                      ...APPELLANT

                      (BY   SRI  SANJEEV  PATIL,      SRI     G.K.KULKARNI   AND
Digitally signed by   SRI R.RAJANNA, ADVOCATES)
VARSHA N
RASALKAR
Location: HIGH
COURT OF
KARNATAKA             AND:

                      1.   SMT. MANDAKINI
                           WIFE OF SRI SUDHINDRA RAO
                           AGED ABOUT 64 YEARS
                           RESIDENT OF HOUSE NO.37
                           1ST FLOOR, 3RD CROSS
                           NEAR 13TH MAIN CENTRAL EXCISE LAYOUT
                           VIJAYANAGARA, BENGALURU - 560 040.
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                                         RFA No.200177 of 2022




2.   SMT. NIRMALA
     W/O BHIMSEN JOSHI
     SINCE DECEASED THROUGH HER LRS
     (A) ANIL JOSHI
          S/O NIRMALA AND BHIMSEN JOSHI
          AGED ABOUT 58 YEARS
          OCC: S.B. COLLEGE EMPLOYEE

     (B)    ASHOK JOSHII
            S/O NIRMALA AND BHIMSEN JOSHI

            SINCE DECEASED THROUGH HIS LRS

     I)     MEERA
            W/O LATE ASHOK JOSHI
            AGED ABOUT 50 YEARS
            OCC: HOUSEHOLD

     II)    PAVAN JOSHI
            S/O ASHOK JOSHI
            AGED ABOUT 25 YEARS
            OCC: STUDENT

     III)   RAJAT JOSHI
            S/O LATE ASHOK JOSHI
            AGED ABOUT 25 YEARS
            OCC: STUDENT

     C)     ANJALI PATIL
            D/O NIRMALA AND BHIMSEN JOSHI
            AGED ABOUT 60 YEARS
            OCC: HOUSEHOLD

     D)     ANU JOSHI
            D/O NIRMALA AND BHIMSEN JOSHI
            AGED ABOUT 55 YEARS
            OCC: HOUSEHOLD
            R2 (A), B(I) TO(III), R2 (C) & (D)
            ARE R/O H.NO.3-817
            SUMITRA NILAYA
            SAI SARASWATI GODHTAI
            KALABURAGI - 585 101.
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                                     RFA No.200177 of 2022




3.    SMT. SHAKUNTALA KULKARNI
      W/O GUNDERAO KULKARNI
      AGED ABOUT 70 YEARS
      OCC: HOUSEHOLD
      R/O NO.646, 4TH MAIN
      NISARGA LAYOUT, JIGANI HOBLI
      BANNERGHATTA ROAD
      BENGALURU - 560 083.

                                            ...RESPONDENTS


(BY SRI D.P.AMBEKAR, ADVOCATE FOR R2(A), R2(B)(I) TO
    R2(B)(III); R3 SERVED)


       THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41

RULE 1 READ WITH SECTION 96 OF THE CODE OF THE CIVIL

PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT

AND DECREE DATED 07.02.2018 IN O.S.NO.59 OF 2012 BY

THE    LEARNED    PRINCIPAL     SENIOR   CIVIL   JUDGE   AT

KALABURAGI BY ALLOWING THE APPEAL AND DISMISSING

SAID SUIT AS PRAYED FOR AND ETC.


       THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS

THIS DAY H.T.NARENDRA PRASAD J., DELIVERED THE

FOLLOWING:
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                                     RFA No.200177 of 2022




                         JUDGMENT

Learned counsel for the appellant files a memo

seeking leave of this Court to withdraw the appeal.

The memo is taken on record.

The appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

BL

Ct;Vk