IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 1083 OF 2011 BETWEEN:
PADMARAJ, SON OF RATHNARACHAIAH AGED ABOUT 59 YEARS D.NO. 858/2, RESIDENT OF LAXMAIAH BUILDING JAIN TEMPLE ROAD, HIRIYUR CHITRADURGA DIST -572 143.
... APPELLANT (BY SRI. D. R. NAGARAJA., ADVOCATE) AND:
L. GOVINDARAJ, SON OF LATE LAXMAIAH AGED ABOUT 68 YEARS, HIGH COURT ADVOCATE NO.69, 11TH CROSS, 1ST STAGE, INDIRANAGAR BANGALORE - 560 033, REP BY GPA HOLDER SRI SYED OBEDULLA, SON OF LATE SYED ISMAIL SAB, AGED ABOUT 68 YEARS, RESIDENT OF MASJID ROAD HIRIYUR, CHITRADURGA DIST – 572 143.
... RESPONDENT (BY SRI. S. N. KESHAVA MURTHY., ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.02.2011 PASSED IN R.A.NO.96/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, HIRIYUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.02.2005 PASSED IN O.S.NO. 51/2004 ON THE FILE OF THE CIVIL JUDGE (JR.DN.), HIRIYUR.
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Judgment The learned counsel for the appellant has filed a memo seeking dismissal of the appeal as withdrawn on the ground that the appellant has vacated and handed over possession of the property to the respondent.
The memo is accepted. The appeal is accordingly dismissed.
In view of dismissal of the appeal, Misc.Cvl.No.13127/2011 does not survive for consideration and the same is dismissed.
SD/- JUDGE nv Ct:sr