IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 1183 OF 2016 (INJ) Between:
NAGARAJACHARI & ANOTHER SINCE DECEASED BY LRS.
1. SMT SAVITRAMMA WIFE OF PRABHAKARA SWAMY AGED ABOTU 48 YEARS R/AT ANTARAVALLI VILLAGE DADAMALLI POST MALAVALLI TALUK MANDYA DISTRICT – 571 401.
2. DORESWAMY SON OF LATE NAGARAJACHARI AGED ABOTU 45 YEARS R/AT JANNUR VILLAGE SANTHEMARAHALLI HOBLI, CHAMRAJANAGAR TALUK – 571 313.
3. SUDHAMANI WIFE OF NEELAKANTACHAR AGED ABOUT 40 YEARS R/AT VISVESHWARNAGAR II STAGE MADDUR TOWN, MANDYA DISTRICT.
(BY SMT. RUKHIABI, ADVOCATE FOR SRI. SANGAMESH R. B., ADVOCATE) ... APPELLANTS And:
1. SRI M. BASAVANACHAR SON OF MALLIKARJUNAIAH AGED ABOUT 68 YEARS R/AT NO 208, 1ST MAIN II MAIN II CROSS, ALAHALLI, MANDYA – 571 401.
2. J C PUTTASWAMY SON OF N. CHANNABASAPPA AGED ABOUT 68 YEARS R/AT JANUUR VILLAGE SANTHEMARAHALLI HOBLI, CHAMRAJANAGAR TALUK – 571 313.
... RESPONDENTS (BY SRI.JAI PRAKASH REDDY.M., ADVOCATE FOR R-2) THIS REGULAR SECOND APPEAL IS FILED UNDER ORDER 42 R/W SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.04.2016 PASSED IN RA NO. 90/2008 ON THE FILE OF THE SENIOR CVIL JUDGE AND CJM., CHAMARAJANAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.08.2008 PASSED IN OS NO. 110/2007 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC., CHAMARAJANAGAR.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment Memo is filed by the learned counsel for the appellants seeking leave of this Court to withdraw the appeal.
The memo is taken on record. The appeal is dismissed as withdrawn.
In view of dismissal of the appeal, IA No.1/2016 does not survive for consideration and the same is dismissed.
Sd/- Judge SA Ct:sr