IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA M.S.A. NO.24/2016 BETWEEN:
K.B. YATHIRAJ S/O K. BASVANYAPPA, AGED 57 YEARS, ADVOCATE, R/O 11TH CROSS, DURGIGUDI EXTENSION, HONNALI TOWN – 577 217, DAVANAGERE DISTRICT. ... APPELLANT (BY SRI: S.V. PRAKASH, ADVOCATE) AND:
KUM. SAVITHRAMMA D/O HANUMANTHAPPA, AGED 65 YEARS, OCC: ANGANAVADI TEACHER, R/O. BANNIKODU VILLAGE, HONNALI TALUK – 577 217, DAVANAGERE DISTRICT. ... RESPONDENT ***** THIS MSA IS FILED UNDER ORDER XLIII RULE(1)(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.11.2015 PASSED IN R.A.NO.100/2011 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED: 12.01.2011 PASSED IN O.S.NO.100/2002 ON THE FILE OF THE SENIOR CIVIL JUDGE HARIHARA, REMANDING THE MATTER TO THE TRIAL COURT FOR FRESH DISPOSAL BY APPOINTING COURT COMMISSIONER AND ETC.
THIS MSA COMING ON FOR ORDERS THIS DAY, COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal as the appeal has been rendered infructuous in view of the suit being posted for final arguments before the trial court.
2. Memo is taken on record.
3. Appeal is dismissed as withdrawn.
Sd/- JUDGE S*