IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 1076 of 2017(RES & INJ) Between:
SMT. PHILOMINA SRINIVAS KAMATH AGED ABOUT 51 YEARS, WIFE OF SRINIVAS KAMATH, ELATHOOR VILAGE, POST: AIKALA, MANGALORE TALUK – 575 001 D.K.
... APPELLANT (BY SRI CHANDRANATH ARIGA K., ADVOCATE) And:
1. SMT. TERESA D’SOUZA AGED ABOUT 74 YEARS, DAUGHTER OF LATE SRI SIMON D’SOUZA, ELATOOR VILLAGE, POST : AIKALA, MANGALORE TALUK – 575 001 D.K.
2. MISS. MARGARET D’SOUZA AGED ABOUT 75 YEARS, DAUGHTER OF LATE SRI SIMON D’SOUZA, ELATOOR VILLAGE, POST : AIKALA, MANGALORE TALUK – 575 001 D.K. ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.03.2017 PASSED IN R.A.Nos.92/2009 AND 93/2009 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, ALLOWING THE APPEALS AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.08.2009 PASSED IN O.S.No.183/2005 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) AND ACJM., KARKALA.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal as it has become infructuous.
2. The memo is accepted, and the appeal is dismissed as having become infructuous.
Sd/- Judge KPS