IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL MISCELLANEOUS SECOND APPEAL NO.23 OF 2017 C/W MISCELLANEOUS SECOND APPEAL NO.24 OF 2017 M.S.A.NO.23/2017 BETWEEN:
1. NYNA ELIOT W/O ELIOT JOHNSON AGED ABOUT 49 YEARS 2. ELIOT JOHNSON S/O LATE V.C.ULAHANNAN AGED ABOUT 56 YEARS BOTH ARE R/AT WHITE FOREST, VELLUKALTIL NEAR A.J.HOSPITAL BAREBAIL, BEJAI MANGALURU – 575 001 … APPELLANTS (BY SRI VISHWAJITH RAI M., ADVOCATE) AND:
M.DAMODAR RAO S/O M.NARAYANA RAO AGED ABOUT 67 YEARS R/O MALLIGE MADU HOUSE CHITHARI, KANHANGAD KASARGOD, KERALA REPRESENTED BY HIS GPA HOLDER AND HIS BROTHER SATHISH RAO S/O M.NARAYANA RAO AGED ABOUT 63 YEARS R/O NEAR A.J.HOSPITAL BAREBAIL, BEJAI MANGALURU – 575 001 ... RESPONDENT (BY SRI K.CHANDRANATH ARIGA, ADVOCATE) THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:17.01.2017 PASSED IN R.A.NO.30/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC., MANGALURU, D.K.
M.S.A.NO.24/2017 BETWEEN:
1. NYNA ELIOT W/O ELIOT JOHNSON AGED ABOUT 43 YEARS 2. ELIOT JOHNSON S/O LATE V.C.ULAHANNAN AGED ABOUT 46 YEARS BOTH ARE R/AT WHITE FOREST, VELLUKALTIL NEAR A.J.HOSPITAL BAREBAIL, BEJAI MANGALURU – 575 001 … APPELLANTS (BY SRI VISHWAJITH RAI M., ADVOCATE) AND:
M.DAMODAR RAO S/O M.NARAYANA RAO AGED ABOUT 67 YEARS R/O MALLIGE MADU HOUSE CHITHARI, KANHANGAD KASARGOD, KERALA REPRESENTED BY HIS GPA HOLDER AND HIS BROTHER SATHISH RAO S/O M.NARAYANA RAO AGED ABOUT 63 YEARS R/O NEAR A.J.HOSPITAL BAREBAIL, BEJAI MANGALURU – 575 001 ... RESPONDENT (BY SRI K.CHANDRANATH ARIGA, ADVOCATE) THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:17.01.2017 PASSED IN R.A.NO.29/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC., MANGALURU, D.K. AND CONFIRM THE ORDER DATED 07.12.2013 PASSED IN O.S.NO.540/2004 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., MANGALORE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants files memo for dismissal of the appeals as withdrawn. Therefore, appeals are dismissed as withdrawn.
In view of the dismissal of the appeals, pending I.As stood disposed of.
Sd/- JUDGE KG