IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad miscelleneous Second Appeal No.62 OF 2019 Between:
Sri. B.Satyamurthy Aged about 54 years Agriculturist M/s. Mahadevagiri Plantation Pvt. Ltd. Tanigebylu village Lingadahalli Hobli Tarikere Taluk Chickmagaluru District R/o. 349, 10th ‘B’ Main road 3rd Phase, Jayanagar Bengaluru ... Appellant (By Sri. S.Sathyarthy, Advocate) And:
1. Sri. Kolande Aged about 64 years S/o. Chadia Gounder Cooli work 2. Smt. Unnamalia Aged about 64 years W/o. Late Velayudha Cooli work 3. Sri. Maniya Aged about 64 years S/o. Sanna Armuga Cooli work 4. Smt. Manikamma Aged about 64 years W/o. Dhanapal Cooli work 5. Sri. Jayanna Aged about 64 years S/o. Mudlappa Cooli work Respondent Nos.1 to 5 are Residing in Sy.No.41, 43 and 44 Of Manchetevaru village Kallshed, Tanigabylu post Lingadahalli Hobli Tarikere Taluk 6. The Secretary Tigada Grama Panchayati Lingadahalli Hobli Tarikere Taluk 7. The Chief Secretary to Govt. of Karnataka Vidhana Soudha Bengaluru-560001 ... Respondents This Miscellaneous Second Appeal is filed under Section 104 of CPC., against the judgment and decree dated 15.06.2019 passed in Misc.No.8/2018 on the file of the Principal District, and Sessions Judge, Chikkamagaluru, dismissing the appeal and confirming the order dated 27.07.2018 passed in C.Misc.No.5/2017 on the file of the Senior Civil Judge and JMFC., Tarikere, dismissing the petition filed under Order IX Rule 13 of CPC., for restoration.
This Miscellaneous Second Appeal coming on for Orders this day, the Court delivered the following:
Judgment The learned counsel for the appellant has filed a memo seeking leave to withdraw the appeal and file appropriate petition stating that the appellant by inadvertence has filed this appeal and the appropriate remedy would be to file a petition as permissible in law. The learned counsel has also asked for return of the certified copies produced along with the appeal.
2. The appeal is dismissed as withdrawn with liberty, subject to all exceptions in law, to challenge the order impugned in this appeal.
The office is directed to return the certified copies.
Sd/- Judge RB