IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR M.F.A. No.7163/2016 (CPC) BETWEEN:
1. C Dhananjaya S/o Govindappa Aged about 46 years No.77, 6th Main Kamakshipalya Maruthinagara Bangalore-560 079.
2. Smt Lakshmidevamma W/o Gangadharappa D/o Late Narayanappa Aged about 52 years Gundammagere Village Sasalu Hobli Doddaballapura Taluk Bangalore Rural District-561 203. ...APPELLANTS (By Sri Sandhya D, Adv. for Sri Shivakumar N, Adv.) AND:
1. Narasaraju S/o Late Narasimhaiah Aged about 67 years 2. Smt Sharadamma W/o Narasaraju Aged about 62 years R-1 and R-2 are R/o Thumbadi Village Koratagere Taluk Tumkur District-572 129.
3. Srinivasa S/o Late Narayanappa Aged about 41 years 4. Sridhara S/o Late Narayanappa Aged about 39 years R-3 and R-4 are R/o L.S. Quarry Ammasandra Road Gubbi Taluk Tumkur District-572 117.
5. Anantharaju S/o Govindappa Aged about 43 years 6. Nagendra S/o Govindappa Aged about 41 years 7. Govindappa S/o Late Narasimhaiah Aged about 74 years R-5 to 7 are R/o Karekallu Kamakshipalya Maruthinagar Bangalore-560 079.
8. Munikrishna S/o Munishamaiah Aged about 54 years R/o 3rd Main Kaveripura Kamakshipalya Bangalore-560 079. ...RESPONDENTS This Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dated 04.08.2016 passed on I.A. No.1 in R.A.No.7/2015 on the file of the Principal Senior Civil Judge, Madhugiri, dismissing I.A. No.1 filed under order 39 Rule 1 and 2 CPC.
This Appeal coming on for Preliminary Hearing this day, the court delivered the following:
JUDGMENT Learned Counsel appearing for the appellants has filed a memo seeking leave of this Court to withdraw the appeal and pursue the remedy before the jurisdictional Court. Said memo is placed on record.
2. Appeal is dismissed as withdrawn.
Appellants are at liberty to pursue their remedy before the jurisdictional Court.
3. Registry is directed to return the certified copy of the order under challenge to the learned counsel for the appellants on the same being substituted by a photocopy duly signed by the learned Counsel.
4. It is also held that the time spent before this Court from the date of filing of appeal i.e. 17.10.2016 till the date on which the appellants file an appeal before the jurisdictional Court, shall stand excluded for the purpose of computation of limitation.
Sd/- JUDGE Cs/-