IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 257 OF 2017 (PAR) Between:
1. SMT. REKHA WIFE OF N. K. PRAKASH AGED ABOUT 45 YEARS RESIDING AT B HOSURU COLNY KEREGODU HOBLI, MANDYA TALUK MANDYA DISTRICT – 571 446.
2. NAKUL SHETTY SON OF LATE K. L. N SHETTY AGED ABOUT 54 YEARS RESIDING AT DOOR NO 19, VICTORIA ROAD, BENGALURU – 560 047.
3. SUSHEL RAHMAN SON OF M O A RAHMAN SAIT AGED ABOUT 52 YEARS RESIDING AT DOOR NO 1, RICHMOND ROAD, BENGALURU – 560 025.
4. VASAVI AHMED AYAZ SON OF LATE MOHAMMED IYAZ AGED ABOUT 49 YEARS RESIDING AT DOOR NO 84, 3RD MAIN ROAD, DEFENCE COLONY INDIRANAGAR BENGALURU – 560 038.
... APPELLANTS (BY SRI.K. SACHINDRA KARANTH., ADVOCATE ) And:
1. SMT. DEVAMMA WIFE OF NAGAPPA DAUGHTER OF LATE NINGAPPA AGED ABOUT 42 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI, MYSURU TALUK – 570 028.
2. SMT NINGAMANI WIFE OF LATE BASAVARAJU DAUGHTER OF LATE NINGAPPA AGED ABOUT 40 YEARS R/AT HAROHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK – 570 028.
3. SHIVANAPPA SON OF LATE NINGAPPA AGED ABOUT 62 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI, MYSURU TALUK – 570 028.
4. VENKATAPPA SON OF LATE NINGAPPA AGED ABOUT 62 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK – 570 028.
5. MAHADEVAMMA WIFE OF LATE NINGAPPA AGED ABOUT 46 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK – 570 028.
6. SIDDAPPA SON OF LATE NINGAPPA AGED ABOUT 27 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK – 570 028.
7. SOWMYA DAUGHTER OF LATE NINGAPPA AGED ABOUT 24 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK – 570 028.
8. MADAPPA SON OF LATE NINGAPPA AGED ABOUT 47 YEARS RESIDING AT LALITHADRIPURA VILLAGE VARUNA HOBLI MYSURU TALUK – 570 028.
... RESPONDENTS (BY SRI. B.S. NAGARAJ., ADVOCATE FOR R1 & R2; NOTICE TO R3 TO R8 SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.06.2016 PASSED IN RA NO. 286/2013 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, MYSURU PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.06.2013 PASSED IN OS NO. 545/2010 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, MYSORE.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellants has filed a memo 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.1/2018 does not survive for consideration and the same is dismissed.
SA Ct:sr Sd/- Judge