IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA REGULAR SECOND APPEAL NO. 1383 OF 2008 BETWEEN:
1. Laxman Rao, S/o Sri. Nagoji Rao, Aged about 55 years, R/at Car Street, Ganjam, Srirangapatna Town, Through Narasoji Rao, Elder Brother and G.P.A of Laxman Rao.
(By Sri. Narasoji Rao, Party-in-Person) …Appellant AND:
1. Smt. Indramma, W/o Sri. Venkatesh, Aged about 60 years.
2. Chandrashekar S/o Sri. Venkatesh, Aged about 30 years.
Both are R/o Rampal Road, Ranganathanagar, Srirangapatna Town.
…Respondents This RSA is filed under Section 100 of C.P.C., against the judgment and decree dated 20.07.2007 passed in R.A. No.54/2006 on the file of the Additional Civil Judge, (Sr. Dn.) Srirangapatna, dismissing the appeal and confirming the judgment and decree dated: 02.08.2006 passed in O.S. No.80/2003 on the file of the Principal Civil Judge, (Jr.Dn.), JMFC, Srirangapatna.
This RSA is coming on for orders, this day, the court delivered the following:
JUDGMENT Plaintiff in O.S NO.80/2003 on the file of Additional Civil Judge (Jr. Dn.) and JMFC, Srirangapatna has preferred this appeal challenging the concurrent judgment and decree passed by the Courts below.
The appeal is at the stage of complying office objections and in the meanwhile, a memo dated 05.09.2017 is filed by the appellant who appeared as party-in-person praying permission of the court to withdraw the appeal with liberty to file a fresh appeal.
The memo is taken on record.
Accordingly, appeal stands dismissed as withdrawn granting liberty as sought for.
Registry is directed to intimate the appellant that the appeal is dismissed as withdrawn by granting liberty as prayed in the memo.
akv/-
SD/- JUDGE