IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE K.SOMASHEKAR MFA NO.3257/2015(CPC) BETWEEN:
S.P.Shivakumar, Aged about 47 years, S/o A.S.Parameshwarappa, Agriculturist & Business, R/o Nuthana Nilaya, 100 ft.Main Road, Shivappanayaka Extension, Alukola, Shivamogga City – 571 101.
(By Shri. S.V. Prakash, Advocate) AND:
1.Smt.Jaysheela, W/o B.S.Ningaraju, D/o Late A.S.Parameshwarappa, Aged about 44 years, Housemaker, R/o Maragada Nilaya, 60 ft. Road, 6th Cross, Vinobanagar, Shivamogga City – 577 201.
2. Smt. Kamalamma, W/o Late. A.S.Parameshwarappa, Aged about 71 years, Agriculturist, R/o Arahatholalu, Bhadravathi Taluk – 577301, Shivamogga District.
..Appellant 3. S.P.Jayadevappa, 44 years, Adopted S/o Late Seekere Basappa, Agriculturist, R/o Arahatholalu, Holehonnur Hobli, Bhadravathi Taluk – 577301, Shivamogga District.
(By Shri. R.V.Jayaprakash & ….Respondents Shri. Harish Kumar M.S., Advocate for C/R1) This M.F.A. is filed U/o 43 Rule 1(r) of CPC against the order dated 26/03/2015 passed on I.A.No.15 in O.S.No.32/2011 on the file of the Principal Senior Civil Judge, CJM, Shivamogga, dismissing I.A.No.15 filed U/o 39 Rules 1 & 2 of CPC etc.
This appeal coming on for orders this day, the Court delivered the following;
JUDGMENT Learned counsel for the appellant has filed a memo stating that the appellant is not interested to prosecute this appeal and that the same may be dismissed as withdrawn.
2. Memo is taken on record. Appeal is dismissed as withdrawn.
Msu SD/- JUDGE