Sri. Mohan Rai vs Sri.M. Sudarshan Kumar
2024 Latest Caselaw 27505 Kant

Karnataka High Court

Sri. Mohan Rai vs Sri.M. Sudarshan Kumar on 15 November, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                         NC: 2024:KHC:46410
                                                        MSA No. 150 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                             BEFORE
                    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                   MISCELLANEOUS SECOND APPEAL NO. 150 OF 2024 (RES)
                   BETWEEN:

                   1.    SRI. MOHAN RAI,
                         S/O. LATE BALAPPA RAI,
                         AGED ABOUT 74 YEARS,

                   2.    SRI. JAGAJEEVAN RAI,
                         S/O. LATE BALAPPA RAI,
                         AGED ABOUT 62 YEARS,

                         APPELLANT NOS. 1 AND 2
                         BOTH RESIDING AT 34,
                         NEKKILADY VILLAGE,
                         UPPINANGADY, PUTTUR TALUK,
                         D.K. DISTRICT - 574 241.

Digitally signed   3.    SMT. A. JEENAKSHI,
by RAMYA D
Location: HIGH           D/O. LATE BALAPPA RAI AND
COURT OF
KARNATAKA                W/O. PREMADA ADYANTHAYA,
                         AGED ABOUT 65 YEARS,
                         RESIDING AT NATIONAL GAME
                         HOUSING COLONY, GODHAVARI BLOCK,
                         A-II-602, NEAR POLICE STATION,
                         KORAMANGALA, BANGALORE - 560 095.
                                                              ...APPELLANTS
                   (BY MS. THANIMA BEKAL, ADVOCATE FOR
                       SRI. HARISH BHANDARY.T, ADVOCATE)
                                 -2-
                                               NC: 2024:KHC:46410
                                             MSA No. 150 of 2024




AND:

SRI. M. SUDARSHAN KUMAR
S/O. CHANDAYYA,
AGED ABOUT 54 YEARS,
RESIDING AT DARSHAN ENTERPRISES,
NEAR UPPINANGADY BUS STAND,
UPPINANGADY P.O.,
PUTTUR TALUK, D.K - 574 241.
                                                    ...RESPONDENT
       THIS MSA IS FILED UNDER SEC.43 RULE 1(u) OF CPC,
AGAINST THE JUDGMENT AND ORDER DATED 15.04.2024
PASSED IN MA.NO.19/2023 ON THE FILE OF ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, PUTTUR, DISPOSED OFF THE
APPEAL AND SETTING ASIDE THE ORDER DATED 04.08.2023
PASSED ON IA NO. 2 IN OS NO.150/2023 ON THE FILE
PRINCIPAL     CIVIL    JUDGE     AND     JMFC,    PUTTURU,        D.K.
DISMISSING IA NO. II FILED U/O 39 RULE 1 AND 2 R/W SEC.
151 OF CPC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR


                        ORAL JUDGMENT

Learned counsel for the appellants files a memo for

withdrawal of the appeal, with liberty to file a writ petition.

2. The said memo is placed on record.

NC: 2024:KHC:46410

3. The appeal is dismissed as withdrawn, reserving

liberty to the appellants to file a writ petition before this Court.

4. Registry is directed to return the certified copies of

the orders to the learned counsel for the appellants by

replacing the photo copy of the same, at cost of the appellants.

SD/-

(HANCHATE SANJEEVKUMAR) JUDGE

PK

CT: BHK