IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.435 OF 2015 (INJ) BETWEEN:
1. SMT.DYAMAKKA W/O RUDRAPPA AGED ABOUT 65 YEARS 2. JAYAPPA S/O RUDRAPPA AGED ABOUT 45 YEARS BOTH ARE R/AT YADAGATTA, SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 527 … APPELLANTS (BY SRI K.B.CHANDRASHEKARA SWAMY, ADVOCATE) AND:
1. K.L.KANIVERANGAPPA S/O THIMMAPPA AGED ABOUT 70 YEARS DEAD BY HIS LRs 1(a). SMT.CHANDRAMMA W/O LATE KANIVERANGAPPA AGED ABOUT 65 YEARS 1(b). K.UMESH S/O LATE KANIVERANGAPPA AGED ABOUT 50 YEARS 1(c). K.SATISH S/O LATE KANIVERANGAPPA DEAD BY HIS LRs.
1(c)(a).BINDU D/O LATE K.SATISH AGED ABOUT 15 YEARS 1(c)(b).SINDHU D/O LATE K.SATISH AGED ABOUT 13 YEARS 1(c)(a) & 1(c)(b) ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT.VEENA 1(c)(c).SMT.VEENA W/O LATE SATISH AGED ABOUT 40 YEARS 1(d). K.GIRISH S/O LATE KANIVE RANGAPPA AGED ABOUT 42 YEARS 1(e). K.DEEPA D/O LATE KANIVE RANGAPPA AGED ABOUT 40 YEARS 2. SMT.LALITHAMMA W/O K.T.GOVINDAPPA AGED ABOUT 89 YEARS ALL ARE R/AT HONNENAHALLI VILLAGE MADADAKERE HOBLI HOSADURGAL TALUK CHITRADURGA DISTRICT – 577 527 ... RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:15.11.2014 PASSED IN R.A.NO.46/2009 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE, HOSADURGA AND SET ASIDE THE JUDGMENT AND DECREE DATED 31.10.2009 PASSED IN O.S.NO.254/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, HOSADURGA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants files memo for withdrawal of the appeal. Therefore, appeal is dismissed as withdrawn. Pending I.As stand disposed of.
Sd/- JUDGE KG