IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO. 6355 OF 2018 (CPC) BETWEEN:
1. SMT. HEMAVATHI W/O LATE MANJEGOWDA AGED ABOUT 45 YEARS R/AT RAYASHETTIHALLI VILLAGE MASANAGHATTA POST NONAVINAKERE HOBLI TIPTUR TALUK TUMKUR DISTRICT.
2. SRI. DHARMEGOWDA DANEGOWDA S/O LATE MANJEGOWDA AGED ABOUT 26 YEARS, 3. KOMALA D/O LATE MANJEGOWDA W/O SANTHOSH KUMAR AGED ABOUT 25 YEARS, 4. MONIKA D/O LATE MANJEGOWDA AGED ABOUT 21 YEARS ALL ARE RESIDING AT RAYASHETTIHALLI VILLAGE MASANAGHATTA POST NONAVINAKERE HOBLI TIPTUR TALUK TUMKUR DISTRICT. …APPELLANTS (BY SRI.M.T.RANGASWAMY, ADVOCATE) AND:
SMT.PUTTANANJAMMA @ NANJAMMA W/O LATE CHIKKEGOWDA AGED ABOUT 85 YEARS R/AT RAYASHETTIHALLI VILLAGE MASANAGHATTA POST NONAVINAKERE HOBLI TIPTUR TALUK TUMKUR DISTRICT. ...RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 43, RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908, PRAYING TO CALL FOR THE RECORDS IN F.D.P.NO.2/2003 ON THE FILE OF ADDITIONAL CIVIL JUDGE, (JR.DVN.) TIPTUR; TO SET-ASIDE THE IMPUGNED ORDER DATED:30.10.2015 PASSED IN F.D.P.NO.2/2003 BY THE LEARNED ADDITIONAL CIVIL JUDGE, JR.DVN. AT TIPTUR; AT ANNEXURE-A. TO AWARD THE COST OF THE PROCEEDINGS; AND TO PASS SUCH OTHER ORDERS MAY BE DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.
It is submitted that F.D.P. No.2/2003 is disposed of by order dated 29.11.2018. Hence the appeal has become infructuous.
Considering the submissions of the counsel for the appellant, the memo is taken on record. The appeal is dismissed as withdrawn.
Registry to return the documents by keeping the photostat copies of the same.
Sd/- JUDGE ykl