Sri.Sachin Yallappa vs Sahara Minorities
2024 Latest Caselaw 25629 Kant

Karnataka High Court

Sri.Sachin Yallappa vs Sahara Minorities on 28 October, 2024

                                         -1-
                                                      NC: 2024:KHC:43457
                                                    RSA No. 1836 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                      BEFORE

                    THE HON'BLE MR JUSTICE ASHOK S.KINAGI

              REGULAR SECOND APPEAL NO. 1836 OF 2021 (PAR)

              BETWEEN:

              SRI. SACHIN YALLAPPA
              S/O G.H. YALLAPPA
              AGED 41 YEARS,
              DOCTOR, R/AT NO.6,
              MARTINA DRIVER, BELDEN ROAD,
              HORNBURN, BURMINGHAM, B-32,
              UNITED KINGDOM

              REP. BY HIS GPA HOLDER
              SRI NAGARAJAPPA D.N
              SHARANAPPA, AGED 57 YEARS,
              R/AT NO.4735/A14, ANJANEYA BADAVANE
              DAVANAGERE-577 002.
Digitally
signed by R                                                 ...APPELLANT
DEEPA
              (BY SRI. THANIMA BEKAL, ADVOCATE FOR
Location:
HIGH COURT        SRI. HAREESH BHANDARY T., ADVOCATE)
OF
KARNATAKA     AND:

              1.   SAHARA MINORITIES
                   EDUCATIONAL AND WELFARE TRUST
                   MASEEDI MOHAMMADIA BAR LINE ROAD,
                   DAVANAGERE 577 002
                   REP. BY ITS SECRETARY

              2.   SRI.G.H.YALLAPPA
                   S/O HIRIYANNA
                   AGED 67 YEARS,
                   R/AT NO.2593/2, SHRUTHI NILAYA
                             -2-
                                           NC: 2024:KHC:43457
                                         RSA No. 1836 of 2021




    3RD CROSS, MCC A BLOCK
    DAVANAGERE-577 004.
                                                ...RESPONDENTS
(BY SRI. JANARDHANA G., ADVOCATE)


      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 03.04.2021
PASSED IN RA.No.99/2017 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE,
DISMISSING THE APPEAL AND CONFIRMING THE ORDER
DATED     22.08.2017  PASSED    ON    IA    No.II  IN
EX.PETN.No.119/2011 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, DAVANAGERE, DISMISSING THE IA
No.II FILED UNDER ORDER 21 RULE 97 TO 101 R/W SEC.151
OF CPC.

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

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI


                    ORAL JUDGMENT

After arguing the matter for some time, learned

counsel for the appellant seeks leave of the Court to

withdraw the appeal, with liberty to pursue the suit for

partition in O.S.No.80/2016.

2. Submission is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn, with the aforesaid liberty.

NC: 2024:KHC:43457

4. In view of dismissal of the appeal, pending I.As.,

if any, do not survive for consideration, and are

accordingly disposed of.

SD/-

(ASHOK S. KINAGI) JUDGE

RD