IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.S.A. NO.905/2013 (P-INJ) BETWEEN:
SRI. DURGAPARAMESHWARI DEVASTHANA COMMITTEE DURGAGUDI (REGISTERED), SHIMOGA CITY REP. BY ITS SECRETARY SRI. CHANDRASHEKHAR S/O LATE. S.H. RAMANNA AGED ABOUT 64 YEARS R/O UPPARSTREET 3RD CROSS, GANDHIBAZAAR SHIMOGA CITY-577201.
(By SRI. S.V. PRAKASH, ADV.,) AND:
NARAYANAPPA S/O MARIYAMMA SINCE DECEASED REP. BY HIS LEGAL HEIRS 1. SMT. RENUKAMMA W/O LATE NARAYANAPPA AGED ABOUT 65 YEARS HOUSE MAKER R/O 1ST CROSS DURGAMMA TEMPLE STREET DURGIGUDI, SHIMOGA CITY.
... APPELLANT 2. PRAKASH S/O LATE. NARAYANAPPA SINCE DECEASED REP. BY HIS LEGAL HEIRS 2(a) SMT. GEETHA W/O LATE PRAKASH AGED ABOUT 38 YEARS HOUSE MAKER.
(b) KUM. YOGESHWARI AGED ABOUT 14 YEARS (c) RAGHAVENDRA AGED ABOUT 12 YEARS (d) KUM. SNEHA AGED ABOUT 10 YEARS RESPONDENTS 2(b) to 2(d) BEING MINORS ARE REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER THE RESPONDENT NO.2(a).
RESPONDENTS 2, 2(a) to 2(d) ARE RESIDENTS OF 1ST CROSS DURGAMMA TEMPLE STREET DURGIGUDI, SHIMOGA CITY-577201.
... RESPONDENTS (R1 & R2(A) ARE SERVED & UNREPRESENTED;
R2(B TO D) ARE MINORS & REPRESENTED BY R2(A)) THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.1.2013 PASSED IN R.A.NO.94/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, SHIMOGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD., 26.10.2011 PASSED IN O.S.NO.127/2007 ON THE FILE OF THE I ADDL. CIVIL JUDGE & JMFC, SHIVAMOGGA.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant has filed a memo stating that in view of settlement of dispute between the appellant and respondents relating to the suit schedule property, the appellant does not want to prosecute the appeal and it may be dismissed as withdrawn.
2. The memo is taken on record.
3. Accordingly, the appeal is dismissed as withdrawn.
In view of dismissal of the appeal, I.A.No.2/2014 for temporary injunction does not survive for consideration and the same stands rejected.
SD/- JUDGE PMR/-