IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR R. F. A. No. 438/2018 (RES) BETWEEN:
S. MARULASIDDAPPA S/O. MARULAPPA @ MARULASIDDAPPA. AGED ABOUT 63 YEARS OCC: AGRICULTURIST, R/AT ELEBTHUR VILLAGE, DAVANAGERE TALUK, DAVANAGERE - 577 101 ... APPELLANT (BY SRI. CHANDRASHEKAR G. M., ADV.) AND 1. P DEVARAJ S/O. S M PAMPATHI, AGED ABOUT 24 YEARS OCC: STUDENT 2. P SUNIL S/O. S M PAMPATHI, AGED ABOUT 22 YEARS OCC: STUDENT RESPONDENT Nos. 1 AND 2 ARE R/AT YELEBETHUR VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577101 3. S. M. PAMPAPATHI S/O. MARULAPPA @ MARULASIDDAPPA, OCC: AGRICULTURIST, AGED ABOUT 56 YEARS, R/AT YELEBETHUR VILLAGE, DAVANAGERE – 577101 ... RESPONDENTS THIS RFA IS FILED UNDER SEC.96 CPC AGAINST THE ORDER DATED 09.06.2017 PASSED ON IA NO.VII IN EX.NO.249/2013 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE, DAVANGERE REJECTING THE IA NO.VII UNDER ORDER 21 RULE 97 R/W.SEC.151 OF CPC ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appellant’s counsel has filed a memo stating that the appellant has delivered possession of the suit schedule property to the respondents/decree holders. Therefore, this appeal does not survive for consideration.
2. The memo is placed on record.
3. The appeal is dismissed as withdrawn.
Np/-
Sd/- JUDGE