Sri B C Jayanna vs Sri Yatheesh
2024 Latest Caselaw 25505 Kant

Karnataka High Court

Sri B C Jayanna vs Sri Yatheesh on 25 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                          NC: 2024:KHC:43196
                                                       MFA No. 5812 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 5812 OF 2024 (CPC)

                   BETWEEN:

                   1.    SRI B.C. JAYANNA
                         S/O SRI CHIKKE GOWDA
                         AGED ABOUT 61 YEARS
                         R/AT BOMMALAPURA VILLAGE
                         KASABA HOBLI, TIPTUR TALUK
                         TUMAKURU DISTRICT.
                                                                   ...APPELLANT

                                (BY SRI. PRAKASH H.N., ADVOCATE)
                   AND:

                   1.    SRI YATHEESH
                         S/O SIDDAIAH
                         AGED ABOUT 51 YEARS
Digitally signed
by DEVIKA M        2.    SHASHIDHARA
Location: HIGH           S/O SIDDAIAH
COURT OF                 AGED ABOUT 41 YEARS
KARNATAKA
                         BOTH ARE R/AT BOMMALPUARA VILLAGE
                         KASABA HOBLI, TIPTUR TALUK
                         TUMAKURU DISTRICT.
                                                             ...RESPONDENTS

                        THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
                   OF CPC, AGAINST THE ORDER DATED 31.07.2024 PASSED IN
                   MISC.NO. 7/2023 ON THE FILE OF THE PRL. CIVIL JUDGE,
                   TIPTUR, TUMAKURU DISTRICT, ALLOWING THE PETITION
                   FILED UNDER ORDER 39 RULE 2A OF CPC.
                                -2-
                                             NC: 2024:KHC:43196
                                          MFA No. 5812 of 2024




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

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal and

seeks liberty to file the same before the appropriate Court.

In terms of the memo, the appeal is dismissed as

withdrawn with liberty as sought.

Sd/-

(H.P.SANDESH) JUDGE

ST