Smt. Jayamma vs Sri. Srinivas
2024 Latest Caselaw 6411 Kant

Karnataka High Court

Smt. Jayamma vs Sri. Srinivas on 4 March, 2024

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                                                  NC: 2024:KHC:8883
                                                MSA No. 99 of 2020




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 4TH DAY OF MARCH, 2024

                                     BEFORE
                 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
            MISCELLANEOUS SECOND APPEAL NO. 99 OF 2020 (RO)
            BETWEEN:

                  SMT. JAYAMMA,
                  W/O SRI. REVANNA,
                  AGED ABOUT 48 YEARS,
                  R/AT THATEKERE VILLAGE,
                  KASABA HOBLI,
                  HASSAN TALUK - 573 201.
                                                       ...APPELLANT
            (BY SRI. SATHISH S.P., ADVOCATE)

            AND:

            1.    SRI. SRINIVAS,
                  S/O RAME GOWDA,
                  AGED ABOUT 41 YEARS,
Digitally
signed by         R/AT HALUVAGILU VILLAGE,
SUVARNA T         KASABA HOBLI,
Location:         HASSAN TALUK - 573 201.
HIGH
COURT OF
KARNATAKA   2.    SRI. REVANNA,
                  S/O BORE GOWDA,
                  AGED ABOUT 58 YEARS,
                  R/AT HALUVAGILU VILLAGE,
                  KASABA HOBLI,
                  HASSAN TALUK - 573 201.
                                                   ...RESPONDENTS
                 THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
            AGAINST THE JUDGMENT AND DECREE DATED 27.07.2020
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                                             NC: 2024:KHC:8883
                                            MSA No. 99 of 2020




PASSED IN RA.No.5/2019 ON THE FILE OF THE V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, HASSAN ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 24.11.2018 PASSED IN OS.No.195/15 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, HASSAN,
DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THE
APPELLATE COURT REMANDED BACK THE MATTER TO THE
TRIAL COURT WITH DIRECTION.

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

When the matter came up for hearing, learned

counsel for the appellant seeks time to withdraw the

appeal.

2. Accordingly, the appeal is dismissed as

withdrawn.

SD/-

JUDGE

MH/-

CT:SNN