Ramesha vs Eshwarappa
2024 Latest Caselaw 6662 Kant

Karnataka High Court

Ramesha vs Eshwarappa on 6 March, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                                -1-
                                                          NC: 2024:KHC:9434
                                                        RSA No. 357 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 6TH DAY OF MARCH, 2024

                                           BEFORE

                        THE HON'BLE MR JUSTICE M.G.S. KAMAL
                 REGULAR SECOND APPEAL NO. 357 OF 2022 (DEC/POS)

                 BETWEEN:
                      RAMESHA
                      S/O ESHWARAPPA
                      AGED ABOUT 52 YEARS,
                      R/O KORANAHALLI VILLAGE
                      AMRUTHAPURA HOBLI
                      TARIKERE-577 228
                                                                 ...APPELLANT
                 (BY SRI. PRASAD B.S., ADVOCATE)
                 AND:
                 1.   ESHWARAPPA
                      S/O SIDDARAMAPPA
                      AGED ABOUT 77 YEARS
                      R/O KORANAHALLI VILLAGE
                      AMRUTHAPURA HOBLI
                      TARIKERE -577 228
                 2.   RAVIKUMAR
                      S/O K.B.CHANDRAPPA
Digitally signed by   AGED ABOUT 37 YEARS,
SUMA B N              R/O KORANAHALLI VILLAGE
                      AMRUTHAPURA HOBLI
Location: High        TARIKERE TALUK-577 228
Court of Karnataka                                           ...RESPONDENTS
                      THIS RSA FILED UNDER SECTION 100 OF CPC 1908., AGAINST
                 THE JUDGMENT AND DECREE DATED         16.11.2013 PASSED IN
                 RA.No.16/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
                 PRINCIPAL, JMFC, TARIKERE, DISMISSING      THE APPEAL AND
                 CONFIRMING THE JUDGMENT AND DECREE DATED 22.01.2013
                 PASSED IN OS.No.129/2007 ON THE FILE OF THE CIVIL JUDGE AND
                 ADDITIONAL JMFC, TARIKERE, TRIAL COURT DISMISSED THE SUIT.
                 APPELLATE COURT DISMISSED THE APPEAL SUIT FOR DECLARATION
                 AND POSSESSION.
                                -2-
                                            NC: 2024:KHC:9434
                                          RSA No. 357 of 2022



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

                            JUDGMENT

By order dated 09.01.2024 this Court has granted

two weeks time to comply with the office objections

subject to payment of cost of Rs.1,000/-, making it clear

that if the office objections were not complied with, the

appeal would stand dismissed for non compliance of office

objections.

2. A memo dated 25.01.2024 is filed by the

learned counsel for the appellant which reads as under:

"The Appellants herein not interest to continue the appeal, hence they want to withdraw the appeal. Hence this appeal may kindly be pleased to dismiss as not pressed. Hence this memo".

3. Appeal is dismissed as withdrawn, however the

appellant shall pay the cost as directed within one week.

Sd/-

JUDGE