IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.610 OF 2017 BETWEEN:
1. SMT. SHARADA JAYA KUMAR AGED ABOUT 76 YEARS W/O. SRI. JAYA KUMAR 2. SRI. ANUP KUMAR AGED ABOUT 48 YEARS 3. RESHMA SHAILENDRA KUMAR AGED ABOUT 46 YEARS A2 AND A3 ARE CHILDREN OF MR. JAYA KUMAR AND ARE R/AT MARDALABEEDU MARDALA POST–574 230 PUTTUR TALUK DAKSHINA KANNADA DISTRICT …. APPELLANTS (BY SRI K. CHANDRANATH ARIGA, ADVOCATE) AND:
1. SRI. GOVINDA GOWDA S/O. SRI. MONU GOWDA AGED ABOUT 64 YEARS YEDAPADAVU VILLAGE POST: SHIBRIKERE MANGALURU TALUK DAKSHINA KANNADA.
2. SMT. SHREEMATHIAMMA AGED ABOUT 90 YEARS W/O. LATE SRI. ANANTHARAJ THENKA YEDAPAVU VILLAGE SHIBRIKERE, MANGALORE TALUK 3. SMT. VASANTHA KUMARI AGED ABOUT 60 YEARS D/O. ANANTHA RAJ AJILA THENKA YEDAPADAVU SHIBRIKERE MANGALORE TALUK-575 001 4. SRI. UMESH GANIGA AGED ABOUT 70 YEARS S/O. MONAPPA GANIGA BANK MANAGER THENKA YEDAPAVU VILLAGE SHIBRIKERE, MANGALORE TALUK-575 001 5. SMT. NIRMALA AGED ABOUT 66 YEARS W/O. UMESH GANIGA THENKA YEDAPAVU VILLAGE SHIBRIKERE MANGALORE TALUK-575 001 ... RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:18.01.2017 PASSED IN R.A.NO.75/2010 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.04.2010 PASSED IN O.S. NO.181/1998 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., MANGALORE, D.K.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Recording the memo filed by the appellants’ counsel for dismissal of the appeal as withdrawn, the appeal is dismissed as withdrawn.
Sd/- JUDGE KG