IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.958 of 2011 (INJ) BETWEEN LOUIS LOBO, AGED ABOUT 65 YEARS, S/O LATE JOHN LOBO, KOTE KOPPALA, KARKALA, KASABA VILLAGE, KARKALA POST & VILLAGE, UDUPI DISTRICT – 574 104.
BY HIS GPA HOLDER, MR. NORBERT LOBO, AGED ABOUT 58 YEARS, S/O LATE JOHN LOBO, LOBO COMPOUND, KARKALA, KASABA VILLAGE, KARKALA POST AND TALUK, UDUPI DISTRICT – 574 104.
(BY SRI SAMPAT ANAND SHETTY, ADVOCATE) AND LOUIS MACHADO (SINCE DECEASED) BY HIS LRS, BY HIS DAUGHTER, MRS. F. MOLLY D’SOUZA, AGED ABOUT 59 YEARS, D/O LOUIS MACHADO, RESIDING AT HARSHA, … APPELLANT SRINIVAS NAGAR, PADRE TEMPLE ROAD, SURATKAL, MANGALORE TALUK AND DISTRICT – 574 104.
(BY SRI CHANDRANATH ARIGA, ADVOCATE) … RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 25.02.2011 PASSED IN R.A.No.112 of 2005 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE (AD-HOC), PRESIDING OFFICER, FAST TRACK COURT, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2003 PASSED IN O.S.No.131 of 1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN), KARKALA.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal and submits that the appellant is not interested in prosecuting the appeal.
The said submission and the memo are placed on record.
Accordingly, the appeal is dismissed as withdrawn.
Sd/- JUDGE mv