IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.218 OF 2017 (POS) BETWEEN:
N.NAGARAJU S/O NAGAPPA AGED ABOUT 76 YEARS R/AT NO.394, FORT ARAKALGUD HASSAN DISTRICT REPRESENTED BY GPA HOLDER HIS WIFE N.LALITHAMMA W/O N.NAGARAJU AGED ABOUT 65 YEARS R/AT NO.394, FORT ARAKALGUD HASSAN DISTRICT – 573 201 …APPELLANT (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
K.N.MALLIKARJUNAIAH S/O LATE PANDITH NANJAPPA AGED ABOUT 76 YEARS R/AT KOLLANGI VILLAGE MALLIPATNA HOBLI ARAKALGUD TALUK HASSAN DISTRICT – 573 201 ... RESPONDENT (BY SRI P.S.MOHAN, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.03.2016 PASSED BY SENIOR CIVIL JUDGE AND JMFC AT ARKALGUD IN R.A.NO.3/2010 AND SET ASIDE THE JUDGMENT AND DECREE DATED 16.08.2007 PASSED BY THE CIVIL JUDGE (JR.DN.) & JMFC AT ARKALGUD IN O.S.NO.214/2004.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant files memo for withdrawal of the appeal. Recording the same, appeal is dismissed as withdrawn.
In view of the dismissal of the appeal, I.A.Nos.1/2017 and 2/2017 do not survive for consideration and disposed of accordingly.
Sd/- JUDGE KG