IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.165 OF 2018 Between:
Smt. Gowramma Aged about 53 years, W/o. Muniyappa, Residing at Doddathoguru Village, Begur Hobli, Bengaluru South Taluk, ... Appellant (By Smt.K.Pushpalatha, Advocate) And:
1. Sri. Gurumurthy S/o. Late Munivenkatappa, Aged about 80 years 2. Sri. Manjunath S/o. Gurumurthy, Aged about 42 years 3. Sri. Chinnaswamy S/o. Gurumurthy, Aged about 37 years 4. Sri.Ramaiah S/o. Late Munivenkatappa, Aged about 77 years 5. Sri.Rajappa S/o. Ramaiah, Aged about 38 years 6. Sri.Muniyellappa S/o.Ramaiah, Aged about 39 years 7. Sri.Gopal S/o. Late Muniswamy, Aged about 53 years All are R/at Doddathoguru Village, Begur Hobli, Bengaluru South Taluk.
8. Sri.S.M.Rangaiah S/o. Late Balaiah, Aged about 85 years.
9. Sri.S.V.Hariprasad S/o S.M.Rangaiah, Aged about 56 years Both are residing at No.1390, 39th Cross, E Cross, J.P.Nagar, 1st Phase, Bengaluru-560 078.
10. Sri.Lohit.S S/o Sri.Settyraju, Aged about 30 years, R/at No.45, 19th Cross, 7th Main, N.S.Palya, BTM Layout, Bengaluru-560 076. ... Respondents This Regular First Appeal is filed under Section 96 of CPC, against order dated 07.02.2017 passed on I.A.No.V in O.S.No.1369/2007 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing the I.A.No.V filed under Order 7 Rule 11(a) and (d) of CPC for rejection of plaint.
This Regular First Appeal coming on for Orders, this day, the Court delivered the following:
ORDER Appellant’s counsel files a memo seeking permission to withdraw the appeal with liberty to file an appeal before the Court having jurisdiction.
Memo is placed on record.
Appeal is returned to the appellant for being re- presented before the Court having jurisdiction within 30 days from today. Registry is directed to return the certified copy of the impugned judgment.
Sd/- JUDGE UN