IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1120 OF 2019 (CPC) BETWEEN:
1. SRI.GOPALAKRISHNA, S/O LATE KEMPANNA, AGED ABOUT 60 YEARS.
2. SMT.VENKATAMMA, W/O GOPALAKRISHNA, AGED ABOUT 50 YEARS.
3. SRI.ANAND, S/O GOPALAKRISHNA, AGED ABOUT 28 YEARS.
4. SRI.MURALI, S/O GOPALAKRISHNA, AGED ABOUT 24 YEARS, ALL ARE RESIDING AT BUSSANAHALLI, VILLAGE, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT, PIN – 563211. …APPELLANTS (BY SRI.NARASIMHA MURTHY G.V, ADVOCATE) AND:
SRI.THAMMAREDDY, S/O LATE CHANNARAYAPPA, AGED ABOUT 65 YEARS, OCC:AGRICULTURIST, RESIDING AT BUSSANAHALLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT, PIN – 563211.
...RESPONDENT **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 16.01.2019 PASSED ON IA NO.1 IN O.S.NO.666/2018 ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC, KOLAR, ALLOWING IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal and for return of documents.
2. Considering the submission of the counsel, memo is taken on record.
3. The miscellaneous first appeal is dismissed as withdrawn.
4. The office is directed to return the certified copies to the counsel for the appellants by keeping the photostat copies in the file.
Sd/- JUDGE SJ