IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 801 OF 2016 (RES) Between:
H. S. CHANNABASAPPA SON OF H.S.SANNAPPA AGED ABOUT 60 YEARS RESIDENT OF HOLEHONNUR PETE BEEDI, HOLEHONNUR VILLAGE, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577 300.
... APPELLANT (BY SRI. S. N. BHAT., ADVOCATE ) And:
1. LALITHAMMA WIFE OF U. MANJUNATHA AGED ABOUT 72 YEARS.
2. U. MANJUNATHA SON OF LATE DASAPPA AGED ABOUT 80 YEARS.
3. H.M.UPENDRA SON OF U. MANJUNATHA AGED ABOUT 50 YEARS.
4. H.M. SURENDRA SON OF U. MANJUNATHA AGED ABOUT 44 YEARS.
5. H.M.NAGENDRA SON OF U. MANJUNATHA AGED ABOUT 40 YEARS.
ALL ARE R/AT BHAGYAVATHI CIRCLE, HOLEHONNUR(V), BHADRAVATHI (TALUK) SHIMOGGA DISTRICT.
... RESPONDENTS (BY SRI. M.R. HIREMATHAD., ADVOCATE FOR R-3) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.02.2016 PASSED IN RA NO. 183/2012 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.06.2012 PASSED IN OS NO. 189/2005 ON THE FILE OF THE I/X PRL. SENIOR CIVIL JUDGE, JMFC BHADRAVATHI.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal, and in addition, a prayer is also made for permission to withdraw the amount allegedly made by the appellant in R.A.No.183/2012.
The memo is taken on record.
The appeal is dismissed as withdrawn and insofar as the permission to withdraw the amount, it would be open for the appellant to file a necessary application before the first appellate Court.
The office is directed to refund the Court fee to the appellant in accordance with law.
Sd/- Judge SA Ct:sr