A.M Krishnamurthy vs H.N Raghupathi
2024 Latest Caselaw 11754 Kant

Karnataka High Court

A.M Krishnamurthy vs H.N Raghupathi on 28 May, 2024

Author: V Srishananda

Bench: V Srishananda

                                                -1-
                                                              NC: 2024:KHC:17832
                                                            RSA No. 2139 of 2011



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF MAY, 2024

                                              BEFORE
                           THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR SECOND APPEAL NO.2139 OF 2011 (DEC/INJ)
                   BETWEEN:
                   A.M. KRISHNAMURTHY
                   S/O. MARTHANDAPPA,
                   AGE 59 YEARS,
                   OCC:MECHANIC, KPCL,
                   MASTHIKATTE,
                   HOSANAGARA TALUK-577418,
                   SHIMOGA DISTRICT.
                                                                        ...APPELLANT
                   (BY SRI. S.V. PRAKASH, ADVOCATE)

                   AND:
                   H.N. RAGHUPATHI
                   S/O. LATE H.T. NANJUNDAJOIS,
                   AGE 51 YEARS,
                   RESIDING AT NO.157,
                   RAMAMANDIRA OPPOSITE ROAD,
                   JAYANAGARA, SHIMOGA-577201
                                                                    ...RESPONDENT
Digitally signed
by                 (BY SRI. H.S. SURESHAPPA GOWDA, ADVOCATE)
MARKONAHALLI
RAMU PRIYA
Location: HIGH            THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
COURT OF
KARNATAKA
                   THE    JUDGMENT   AND   DECREE   DATED   23.5.2011   PASSED   IN
                   R.A.NO.186/2008 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
                   AND CJM, SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE
                   THE JUDGMENT AND DECREE DATED 28.08.2008 PASSED               IN
                   O.S.NO.809/1997 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN),
                   SHIMOGA.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                   -2-
                                                NC: 2024:KHC:17832
                                             RSA No. 2139 of 2011



                              JUDGMENT

Sri. S.V.Prakash, learned counsel for the appellant

has filed a memo dated 27.05.2024 for withdrawal. The

memo reads as under:

"The counsel for Appellant submit as follows:

The Appellant in the above second appeal has challenged the judgment and decree handed down by the learned Principal Senior Civil Judge & CJM, Shivamogga dated:23.05.2011 in R.A.No.186/2008 setting aside the judgment and decree dated: 28.08.2008 passed by the learned Principal Civil Judge and JMFC, Shivamogga in O.S.No.809/1997. The appellant does not want to prosecute the above appeal and therefore the above second appeal may be dismissed as withdrawn by allowing this memo in the interest of justice."

2. Memo is taken on record.

3. In view of the above memo, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE HJ