IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous Second Appeal No. 73 of 2019 Between:
1. SMT. AMBUJA SHIVAKUMAR WIFE OF M. SHIVAKUMAR AGED ABOUT 69 YEARS.
2. SRI. SHIVAKUMAR MUDAPPA SON OF P.R. MUDDAPPA AGED ABOUT 75 YEARS.
BOTH ARE RESIDING AT NO. 55 7TH MAIN, 12TH CROSS KAMAKSHI HOSPITAL ROAD SARASWATHIPURAM, MYSURU – 570 009.
... APPELLANTS (BY SMT. SINCHANA., M.R., ADVOCATE) And:
1. SRI. S.S. PADMARAJ SON OF S.P. SHANTHARAJU AGED ABOUT 59 YEARS RESIDING AT FLAT NO.D-104, GROUND FLOOR, PRITHVI APARTMENT, 1ST MAIN, LAKSHMIPURAM MYSURU – 570 004.
2. MSYORE CITY CORPORATION NEW SAYYAJI RAO ROAD MYSURU – 570 001 REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS THIS MISCELLENEOUS SECOND APPEAL IS FILED UNDER SECTION 43 RULE 1(u) READ WITH 151 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.08.2019 PASSED IN MA.NO.50 OF 2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM., MYSURU, ALLOWING THE MISC.APPEAL AND SETTING ASIDE THE ORDER DATED 10.07.2019 PASSED IN OS.NO.535 OF 2019 ON THE FILE OF THE I ADDITIONAL I CIVIL JUDGE, AND JMFC., MYSURU, REJECTING THE IA.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC., FOR TEMPORARY INJUCTION.
THIS MISCELLENEOUS SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellants files a memo seeking leave to withdraw the appeal with liberty to file a writ petition.
The memo is accepted, and subject to all exceptions in law, the learned counsel for the appellants is permitted to withdraw the appeal with liberty to file writ petition.
The appeal is accordingly disposed of.
Sd/- Judge SA Ct:sr