IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS SECOND APPEAL NO.95 OF 2017 BETWEEN:
1. SMT. MANJULA W/O MANJUNATH AGED ABOUT: 47 YEARS 2. G.M.SHILPA D/O MANJUNATH AGED ABOUT: 19 YEARS 3. M.M.AJITH, S/O MANJUNATH AGED ABOUT: 15 YEARS APPELLANT NO.3 IS SINCE MINOR REP. BY HIS NATURAL GUARDIAN/NEXT FRIEND APPELLANT NO.1 SMT. MANJULA ALL ARE RESIDING AT:
RASTE MACHIKERE VILLAGE, JAGALUR TALUK – 577 528. … APPELLANTS (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE) AND:
1. MANJUNATH S/O CHANNABASAPPA AGED ABOUT : 52 YEARS 2. ONKARAPPA S/O CHANNABASAPPA AGED ABOUT : 57 YEARS, 3. SMT. MAHADEVAMMA W/O CHANNABASAPPA AGED ABOUT : 74 YEARS ALL ARE RESIDING AT:
GADE VILLAGE, JAGALUR TALUK – 577 528 ... RESPONDENTS (BY SRI K.S.KALLESHAPPA, ADVOCATE FOR R1 SRI S.VISHWAJITH SHETTY, ADVOCATE FOR R2 & R3) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.06.2017 PASSED IN RA NO.98/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.08.2015 PASSED IN OS NO.142/2011 ON THE FILE OF THE CIVIL JUDGE (JR. DN) AND JMFC., JAGALURU, REMANDING THE MATTER BACK TO THE TRIAL COURT TO RE-APPRECIATE THE EVIDENCE AND DOCUMENTS RELIED BY THE PARTIES AND OPPORTUNITY GIVEN TO THE PURCHASER OF THE PROPERTY TO IMPLEAD HER AS A PARTY TO THE SUIT AND DECIDE THE MATTER ON MERITS.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Recording the memo filed by learned counsel for the appellants for withdrawal of the appeal, appeal is dismissed as withdrawn.
Sd/- JUDGE PYR