IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.1109/2012 BETWEEN:
Hottemallera Halappa S/o Basappa, Dead by LR’s, 1. H.Nandyappa S/o Hottemallera Halappa Aged about 48 years, 2. H.Basavarajappa S/o Hottemallera Halappa Aged about 46 years, 3. H.Gurubasappa S/o Hottemallera Halappa Aged about 44 years, Petitioners No.1 to 3 are Agriculturists and residing at Mangote Village, Bhadravathi Taluk – 577 301.
(By Sri.S.V.Prakash, Advocate) …Appellants AND:
1. Hondyappa S/o Hondalloa Hondyappa Since dead by LR’s.
1a. Smt.Gangamma W/o Late Hondyappa, Aged about 70 years, 1b. Mallamma D/o Late Hondyappa, Aged about 52 years, 1c. Sharadamma D/o Late Hondyappa, Aged about 50 years, 1d. Manjula D/o Late Hondyappa, Aged about 48 years, 1e. Deviramma Aged about 44 years, Respondents No.1a to 1e are residents of Mangote Village, Bhadravathi Taluk – 577 301.
1f. Malleshappa S/o Late Hondyappa, Aged about 42 years, R/o Mangote Village, Bhadravathi Taluk, Shimoga District – 577 301.
2. Chandrappa S/o Mallappa, Since dead by LRs, 2a. Smt.Channabasamma W/o Late Chandrappa, Aged about 55 years, 2b. Mamatha D/o Late Chandrappa, Aged about 45 years, 2c. Mahendra S/o Late Chandrappa, Aged about 43 years, 2d. Vijaykumar S/o Late Chandrappa, Aged about 41 years, Respondents No.2a to 2d are Agriculturists and residents of Doddabeelu Village, Kanchinakatte Post, Shimoga Taluk – 577 201.
…Respondents This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 24.02.2012 passed in R.A.No.173/2011 on the file of Presiding Officer, Fast Track Court, Bhadravathi, dismissing the appeal and confirming the order dated 11.04.2011 passed in FDP No.2/2007 on the file of Senior Civil Judge and JMFC, Bhadravathi, allowing the IA No.10 to 12 filed under Section 151 of CPC.
This Regular Second Appeal coming on for Admission, this day, the Court delivered the following:
J U D G M E N T Learned counsel for the appellants files a memo seeking permission to withdraw the appeal.
Memo is placed on record.
In view of the said memo, appeal is dismissed as withdrawn.
Sd/- JUDGE UN