IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO. 123 OF 2018 Between:
Mr.H.M.Swamy Gowda Aged about 54 years, S/o Late Marilingegowda, Habbanakuppe Village, Chilkunda Post, Hanagodu Hobli, Hunsur Taluk – 571105, Mysuru District. …Appellant (By Sri.B.S.Nagaraj, Advocate) And:
1. Smt.Kalamma, Aged about 87 years, W/o Late Marilingegowda, Habbanakuppe Village, Hanagodu Hobli, Hunsur Taluk – 571105, Mysuru District.
2. Smt.Jayamma, Aged about 65 years, D/o Late Marilingegowda, W/o Late Shivanna, Hosakoppalu Village, Chilkunda Post, Hanagodu Hobli, Hunsur Taluk – 571105, Mysuru District.
3. Smt.Kamalamma, Aged about 63 years, D/o Late Marilingegowda, W/o Late Kuchelegowda, Hirikyathanahalli Village, Gavadgere Hobli, Hunsur Taluk – 571105, Mysuru District.
4. Smt.Rathnamma, Aged about 57 years, D/o Late Marilingegowda, W/o Krishnaiah JLB Road, Hunsur Town – 571105, Mysuru District.
5. Smt. Shanathamma, Aged about 61 years, D/o Late Marilingegowda, W/o T.Jayaram, Door No.1108, 1st Cross, Krubageri, K.R.Hospital road, Lashkar Mohalla, Mysuru City – 570001.
…Respondents This Regular First Appeal is filed under Section 96 of CPC., against the Judgment and Decree dated 28.10.2017 passed in OS No.140/2014 on the file of the Prl.Senior Civil Judge and JMFC, Hunsur, partly decreeing the suit for partition and separate possession.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Appellant’s counsel has filed a memo stating that the matter has been settled out of court. Therefore appellant wants to withdraw the appeal. Memo is placed on record. Accordingly, appeal is dismissed as withdrawn.
Sd/- JUDGE NS