IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA RFA NO.884/2017 BETWEEN:
SRI B KRISHNAPPA S/O LATE MAHADEVAPPA, AGED ABOUT 75 YEARS R/T HAVALADA BEEDI, NADUVALA PET, HARIHAR (BY SRI B M HALA SWAMY, ADV.) AND 1. SRI K B RAVIKUMAR S/O LATE BASAPPA, AGED ABOUT 53 YEARS R/AT HAVALADA BEEDI NADUVALA PET HARIHAR 2. SMT ANNAPURNAMMA W/O LATE B SURESH, AGED ABOUT 43 YEARS HAVALADA BEEDI NADUVALA PET HARIHAR ... APPELLANT 3. MASTER SHARATH S/O LATE B SURESH, AGED ABOUT 17 YEARS 4. KUM SAHANA D/O LATE B SURESH, AGED ABOUT 16 YEARS 5. KUM SHREYA D/O LATE B SURESH, AGED ABOUT 16 YEARS RESPONDENTS 3, 4 AND 5 ARE MINORS REPRSENTED BY THEIR GUARDIAN NATURAL MOTHER RESPONDENT NO.2.
6. SRI K UMESH S/O LATE BASAPPA AGED ABOUT 45 YEARS HAVALADA BEEDI NADUVALA PET HARIHAR 7. SRI B JAGADEESH S/O LATE BASAPPA AGED ABOUT 35 YEARS HAVALADA BEEDI NADUVALA PET HARIHAR 8. SMT MANJULA W/O CHALUVAPPA, AGED ABOUT 52 YEARS HOUSEHOLD HAVALADA BEEDI NADUVALA PET, HARIHAR 9. SMT BHARATI W/O PRAKASH, AGED ABOUT 40 YEARS HOUSEHOLD HAVALADA BEEDI NADUVALA PET HARIHAR 10. SRI BASAVARAJAPPA S/O LATE MAHADEVAPPA, AGED ABOUT 65 YEARS DUGGAMMA TEMPLE ROAD, IN ITS HIND SIDE, DAVANAGERE ... RESPONDENTS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD:30.01.2017 PASSED IN OS.NO.4/2011 ON THE FILE OF THE SENIOR CIVI JUDGE, HARIHAR., DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellant files a memo seeking permission to withdraw the appeal.
2. The memo is taken on record.
3. Accordingly, the appeal is dismissed as withdrawn.
4. The appellant is permitted to take back the appeal memo and file it before the appropriate court having jurisdiction to entertain the same.
5. The court fee is ordered to be refunded to the appellant and the appellant is permitted to deposit the court fee before the appropriate court having jurisdiction to entertain the same.
Sd/- JUDGE DM