Annappa Malagouda Alaguri vs Ratnawa W/O Ishwar Alaguri
2024 Latest Caselaw 6404 Kant

Karnataka High Court

Annappa Malagouda Alaguri vs Ratnawa W/O Ishwar Alaguri on 4 March, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                     -1-
                                                           NC: 2024:KHC-D:4822
                                                              RSA No. 5432 of 2012




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                DATED THIS THE 4TH DAY OF MARCH, 2024
                                                BEFORE
                           THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                            REGULAR SECOND APPEAL NO. 5432 OF 2012 (POS-)


                     BETWEEN:

                     ANNAPPA MALAGOUDA ALAGURI,
                     AGE: 45 YEARS,
                     OCC: AGRICULTURE,
                     R/O: SHIRAGAON - 591 309,
                     TALUK: HUKERI,
                     DIST: BELAGAVI.

                                                                       ...APPELLANT

                     (BY SMT. SUNANDA P. PATIL, ADVOCATE)


                     AND:

                     1.    SMT. RATNAWA
                           W/O ISHWAR ALAGURI,
                           AGE: 49 YEARS,
                           OCC: HOUSEHOLD,
                           R/O: SHIRAGAON - 591 309,
        Digitally
        signed by          TALUK: HUKERI,
        SUJATA
SUJATA  SUBHASH            DIST: BELAGAVI.
SUBHASH PAMMAR
PAMMAR Date:
        2024.03.05   2.    SHRI. GIRIGOUDA
        21:12:48 -
        0800               @ GIREPPA SHIVARUDRA MADAGOUDA,
                           SINCE DECEASED BY HIS LRS

                     2A.   SMT. MAHADEVI
                           W/O GIRIGOUDA
                           @ GIREPPA MADAGOUDA
                           AGE: 45 YEARS,
                           OCC: HOUSEHOLD WORK,
                           R/O: SHIRAGAON 591 309,
                           TALUK: HUKERI,
                           DIST: BELAGAVI.
                                -2-
                                     NC: 2024:KHC-D:4822
                                        RSA No. 5432 of 2012




2B.   MISS. LAXMI
      D/O GIRIGOUDA
      @ GIREPPA MADAGOUDA
      AGE: 25 YEARS,
      OCC: HOUSE HOLD WORK
      R/O: SHIRAGAON - 591 309,
      TALUK: HUKERI,
      DIST: BELAGAVI.

2C.   SHRI. SHIVNAIK
      S/O. GIRIGOUDA
      @ GIREPPA MADAGOUDA
      AGE:21 YEARS,
      OCC: STUDENT,
      R/O: SHIRAGAON 591 309
      TALUK: HUKERI,
      DIST: BELAGAVI.

2D. SHRI. RAGHAVENDRA
    S/O GIRIGOUDA
    @ GIREPPA MADAGOUDA,
    AGE: 19 YEARS,
    OCC: STUDENT,
    R/O: SHIRAGAON 591 309
    TALUK: HUKERI,
    DIST: BELAGAVI.
                                              ...RESPONDENTS

(BY R1 AND R2(A) ARE SERVED, BUT UNREPRESENTED;
NOTICE TO R2(b) TO R2(d) IS HELD SUFFICIENT)


      THIS REGULAR SECOND APPEAL IS FILED UNDER ORDER XLII
RULE 1 R/W SECTION 100 OF THE CODE OF CIVIL PROCEDURE,
1908, PRAYING AGAINST THE JUDGMENT AND DECREE DATED
03.01.2012 PASSED IN R.A NO.75/2010 ON THE FILE OF THE
SENIOR CIVIL JUDGE, HUKKERI, DISMISSING THE APPEAL, FILED
AGAINST THE JUDGMENT DATED 05.10.2010 AND THE DECREE
PASSED IN O.S NO. 149/2008 ON THE FILE OF THE CIVIL JUDGE
AND JMFC., HUKKERI, DISMISSING THE SUIT FILED FOR
POSSESSION AND MESNE PROFIT.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -3-
                                         NC: 2024:KHC-D:4822
                                             RSA No. 5432 of 2012




                               ORDER

Learned counsel for the appellant filed application under

Order XXIII Rule 1 R/w Section 151 of CPC praying permission

to withdraw the appeal with liberty to file fresh suit on the

same cause of action.

2. The appellant has filed an affidavit in support of the

application.

3. Allowing the application, the appeal is dismissed as

withdrawn. Liberty is reserved to file fresh suit on the same

cause of action.

Sd/-

JUDGE

SSP CT:ANB