IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No.349/2019 (CPC) BETWEEN:
1. Smt. Radhamma D/o G. V. Honne Gowda Age 45 years R/at Chokkanahalli Village Arakere Post Hesaraghatta Hobli Bengaluru North Taluk.
2. Smt. Uma W/o Channarajappa D/o G. V. Honne Gowda Age 55 years R/at Chokkanahalli Village Arakere Post Hesaraghatta Hobli Bengaluru North Taluk.
(By Smt. Shilpa Shree, Advocate) AND:
1. Sri Lakkappa Since died by LR’s 1(a) Sri Krishnamurthy S/o late Kakkappa Aged about 43 years R/at Arekere Village Arekere Post ... Appellants Bengaluru North Taluk Bengaluru.
1(b) Sri Srinivasa Murthy S/o late Kakkappa Aged about 43 years R/at Arekere Village Arekere Post Bengaluru North Taluk Bengaluru.
2. Sri. D. N. Thimmegowda S/o Doddalakkappa Aged about 83 years Arekere Village and Post Bengaluru North Taluk.
3. Sri Chikka Gowda S/o late Honnegowda Aged about 38 years R/at Arekere Village and Post Bengaluru North Taluk.
… Respondents This appeal is filed under Order 43 Rule 1 (r) of CPC, praying to set aside the order dated 29.09.2018 passed in O.S.No.364/2006 on I.A.No.7 by the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, and etc.
This appeal coming on for Orders this day, the Court made the following:
JUDGMENT Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal as the same is not maintainable in view of the provision under Order XLI Rule 1(r) of CPC.
Considering the submission made by the learned counsel for appellant, memo is taken on record.
Accordingly, appeal is dismissed as withdrawn by reserving the liberty to file petition, if permissible in law.
Sd/- JUDGE SN