IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.1129/2018(CPC) BETWEEN Smt. Parasamma, D/o. Late Godappa, W/o. Late Kuretappa, Since dead by LR Venkataramaiah, S/o. Late Parasamma, Aged about 83 years, R/at Medarahalli Village, Bidarahali Hobli, Bengaluru East Taluk.
…Appellant (By Sri. B.S.Raghu Prasad, Advocate) AND Munivenkatappa, Since dead by LRs 1. Smt. Saraswathamma, W/o. Krishnappa, Aged about 60 years, 2. M.Srinivas, Aged about 58 years, S/o. Munivenkatappa, 3. M.Ramakrishna, Aged about 55 years, S/o. Munivenkatappa, 4. M.Ramesh, Aged about 48 years, S/o. Munivenkatappa, All are R/at Kalakere Village, K.R.Puram Hobli, Bengaluru East Taluk, 5. P.Kiran Kumar, S/o. Narayanaswamy, Aged about 54 years, R/at Thyappa Garden D.C.Halli, Main Road, Bannerughatta Road, Bengaluru-560076.
6. Lavanya Kiran, W/o. P.Kiran Kumar, Aged about 47 years, R/at Thyappa Garden, D.C.Halli, Main Road, Bannerughatta, Bengaluru-560050.
7. Venkatamma, D/o. Late Parasamma, Aged about 76 years, R/at Medarahalli Village, Bidarahali Village, Bengaluru East Taluk.
…Respondents This MFA is filed under Order 43 Rule 1(k) of the CPC, against the Order dated 22.08.2017 passed on I.A.No.XVIII In O.S.No.1513/2007 on the file of the 2nd Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, dismissing I.A.No.XVIII filed by the advocate for plaintiffs under Order XXII Rule 9 of CPC on cost of Rs.300/-.
This MFA coming on for orders this day, the court made the following:
ORDER Appellant’s counsel files a memo stating that the appellant wants to withdraw this appeal as she wants to prefer the appeal before the court having jurisdiction.
Memo is placed on record. The appeal is dismissed as withdrawn with liberty to the appellant to present the appeal before the court having jurisdiction.
Return the papers to the appellant.
Sd/- JUDGE ckl