Sandhya Shivaprasad vs Smt Sesamma
2024 Latest Caselaw 22363 Kant

Karnataka High Court

Sandhya Shivaprasad vs Smt Sesamma on 3 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                  NC: 2024:KHC:35880
                                                 MSA No. 124 of 2018




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
            MISCELLANEOUS SECOND APPEAL No. 124 OF 2018 (RO)
            BETWEEN:

            SANDHYA SHIVAPRASAD,
            AGED ABOUT 41 YEARS,
            W/O SHIVAPRASAD,
            R/AT NEHRUNAGARA, KABAKA VILLAGE,.
            PUTTUR TLAUK, D.K.-574 201.
                                                         ...APPELLANT
            (BY SRI.ASHISH RAM D., ADVOCATE
            FOR SRI.KRISHNAMOORTHY D., ADVOCATE)

            AND:

            1.    SMT.SESAMMA,
                  AGED ABOUT 43 YEARS,
                  D/O LATE PAKEERA,
                  R/AT NERHRUNAGARA, KABAKA VILALGE,
                  PUTTUR TALUK, D.K.574 201.
Digitally
signed by   2.    SMT.MINKA,
MALATESH          W/O BAPPAAYYA,
KC                R/AT NEHRUNAGARA,KABAKA VILLAGE,
Location:         PUTTUR TALUK, D.K-574201.
HIGH
COURT OF
KARNATAKA                                              ...RESPONDENTS
            (RESPONDENT Nos.1 AND 2 ARE
            SERVED AND UNREPRESENTED)

                 THIS MSA IS FILED UNDER ORDER 43 RULE 1[U] OF THE
            CPC., AGAINST THE JUDGMENT AND DECREE DATED
            01.08.2018 PASSED IN RA.NO.41/2012 ON THE FILE OF THE
            PRL.SENIOR CIVIL JUDGE AND A.C.J.M., PUTTUR TALUK D.K,
            ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
                              -2-
                                          NC: 2024:KHC:35880
                                        MSA No. 124 of 2018




AND DECREE DATED 09.10.2012 PASSED IN LAC NO.68/2007
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC.,
PUTTU AND REMANDING THE MATTER TO TRIAL COURT WITH
A DIRECTION TO RE-ADMIT THE SUIT AND DECIDE THE
MATTER AS EARLY AS POSSIBLE IN ACCORDANCE WITH LAW.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

Learned counsel for the appellant has filed a memo

dated 03.09.2024 for withdrawal. The memo reads as

under:

"The appellant above named may be permitted to withdraw the MSA as the dispute is settled with the intervention of the elders and well- wishers of the family. Hence the appellant may be permitted to withdraw the present MSA in the interest of justice and equity."

2. Memo is taken on record.

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

as withdrawn.

Sd/-

(V SRISHANANDA) JUDGE

KAV