IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.8614/2019 BETWEEN:
SRI K.MANJUNATH S/O LATE A.N.KRISHNA MURTHY AGED ABOUT 42 YEARS SOFTWARE ENGINEER NO.663, 6TH CROSS, 8TH MAIN RPC LAYOUT, BANGALORE – 560 040 … APPELLANT (BY SRI CHANABASAPPA S.N., ADVOCATE) AND:
1. SRI PRAKASH K.JAIN S/O KEWALCHAND JAIN AGED ABOUT 38 YEARS ROOPALI SHOWROOM GANDHI BAZZAR SHIVAMOGGA 2. SRI DEVENDRA JAIN S/O CHAMPALAL JAIN AGED ABOUT 33 YEARS ROOPALI SHOWROOM GANDHI BAZZAR, SHIVAMOGGA 3. SMT.PADMAVATHI W/O SOHANRAJ AGED ABOUT 37 YEARS HEMANTH TRADING BLOCK NO.10, GROUND FLOOR APMC YARD, SAGAR ROAD SHIVAMOGGA 4. SRI VINODKUMAR B S/O M.BHAVARLAL JAIN AGED ABOUT 44 YEARS R/O ASHOKA ROAD SHIVAMOGGA 5. SMT.BABITHA DEVI P JAIN W/O PRAKASH K. JAIN AGED ABOUT 36 YEARS ROOPALI SHOWROOM GANDHI BAZAAR SHIVAMOGGA 6. SRI RAMESH KUMAR R. S/O RAJMAL JAIN AGED ABOUT 34 YEARS HOUSE NO.290, 5TH CROSS SRIRAMA NAGAR, BHADRAVATHI SHIMOGA DISTRICT 7. SRI HARAKCHAND JAIN S/O SIREMAL JI AGED ABOUT 50 YEARS R/O MAHAVEER TRADERS NO.220, DOUBLE ROAD SHIMOGA …RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) READ WITH SECTION 151 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 11.10.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA ON I.A.NO.II IN OS NO.204/2018 THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned Counsel for the appellant files memo for withdrawal of the appeal with liberty to present appeal before the appropriate Court.
2. Reserving the liberty, the appeal is dismissed as withdrawn as prayed for.
Sd/- JUDGE KSR