Shantabai W/O Late Ramesh Joshi vs Omprakash S/O Guranna Wali And Anr
2024 Latest Caselaw 12152 Kant

Karnataka High Court

Shantabai W/O Late Ramesh Joshi vs Omprakash S/O Guranna Wali And Anr on 31 May, 2024

                                                 -1-
                                                   NC: 2024:KHC-K:3500-DB
                                                            RFA No.200046 of 2016




                                  IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                                DATED THIS THE 31ST DAY OF MAY, 2024

                                               PRESENT

                               THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                                 AND
                                THE HON'BLE MR. JUSTICE RAJESH RAI K

                      REGULAR FIRST APPEAL NO.200046 OF 2016 (DEC/INJ)

                      BETWEEN:

                                SHANTABAI
                                W/O LATE RAMESH JOSHI
                                DECEASED BY HER LR

                      1 (A).    DR. NARAYAN
                                S/O DATTAMBHAT JOSHI,
                                AGE: 63 YEARS,
                                OCC: AGRICULTURE AND MEDICAL PRACTITIONER
                                R/O : PLOT NO.46,
                                OPP : FIRE BRIGADE STATION,
Digitally signed by
                                MAHALAKSHI NAGAR,
BASALINGAPPA
SHIVARAJ                        KALABURAGI - 585 103
DHUTTARGAON
Location: HIGH                                                     ...APPELLANT
COURT OF
KARNATAKA

                      (BY SMT. HEMA L. KULAKARNI, ADVOCATE)

                      AND:

                      1.   OMPRAKASH
                           S/O GURANNA WALI,
                           AGE : 60 YEARS,
                           OCC: AGRICULTURE,
                           R/O : NARONA,
                           TQ : ALAND, DIST : KALABURAGI.
                             -2-
                              NC: 2024:KHC-K:3500-DB
                                      RFA No.200046 of 2016




2.   SHIVASHANKER
     S/O GURANNA WALI,
     AGE : 55 YEARS,
     OCC: AGRICULTURE,
     R/O : NARONA,
     TQ : ALAND, DIST : KALABURAGI.

3.   SIDRAMAPPA
     S/O GURANNA WALI
     AGE : 54 YEARS,
     OCC: AGRICULTURE,
     R/O : NARONA,
     TQ : ALAND, DIST : KALABURAGI.
                                               ...RESPONDENTS

(NOTICE TO R1 TO R3 ARE SERVED)

       THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, PRAYING TO ALLOW THE ABOVE REGULAR FIRST
APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE 21.04.2016 PASSED BY SENIOR CIVIL JUDGE, ALAND
IN O.S.NO.3/2011 AND DECREE THE SUIT O.S.NO.3/2011
FILED BY THE APPELLANT / PLAITIFF, IN ENDS OF JUSTICE
AND EQUITY.


       THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS    DAY,   ASHOK   S.   KINAGI      J.,   DELIVERED   THE
FOLLOWING:
                        JUDGMENT

Learned counsel for the appellant filed a memo

seeking leave of the Court to withdraw the suit.

2. Memo is placed on record.

NC: 2024:KHC-K:3500-DB

3. In view of withdrawal of the suit, nothing

survives for consideration in this appeal. Accordingly, the

appeal is dismissed as having become redundant.

Sd/-

JUDGE

Sd/-

JUDGE

SKS