IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.283 OF 2017 (PAR) BETWEEN:
KALEGOWDA S/O LATE PUTTEGOWDA AGED ABOUT 75 YEARS R/O KOCHANAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK – 570001.
(BY SMT.P.C.SUNITHA, ADVOCATE FOR SRI M.SHIVAPPA ASSOCIATES) AND:
1. MARIGOWDA S/O LATE PUTTEGOWDA AGED ABOUT 67 YEARS.
2. PACHCHEGOWDA S/O LATE PUTTEGOWDA AGED ABOUT 65 YEARS.
BOTH ARE R/AT. KOCHANAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK – 570001.
3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) ZONAL OFFICE K.R.S. ROAD, METAGALLI MYSURU – 570001.
REPRESENTED BY SPL. LAO., MYSURU.
4. MOHANAKUMARI W/O SIDDAPPA …. APPELLANT D/O PACHCHEGOWDA AGED ABOUT 37 YEARS R/O KOCHANAHALLI VILLAGE VARUNA HOBLI MYSURU TALUK – 570001. ... RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:07.11.2016 PASSED IN R.A.NO.643/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2016 PASSED IN O.S.NO.231/2010 ON THE FILE OF THE II CIVIL JUDGE AND JMFC., MYSURU.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant files memo for dismissal of the appeal as withdrawn and seeking liberty to withdraw his 1/3rd share amount said to be deposited before the trial Court towards the compensation awarded for the acquisition of item No.1 of suit schedule property.
2. Perusal of the judgment and decree of the Courts below show that the subject matter of suit was only one property. The plaintiff himself had claimed only 1/3rd share and it was granted by the Trail Court and upheld by the First Appellate Court. Therefore, if at all any compensation is deposited before the trial Court, appellant is at liberty to seek withdrawal of his 1/3rd share.
With these observations, appeal is dismissed as withdrawn. In view of disposal of appeal, I.A.No.1/2017 stood disposed of.
Sd/- JUDGE PYR