IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA REGULAR SECOND APPEAL NO. 1384 OF 2008 BETWEEN:
1. Sri. Laxman Rao, S/o Sri. Nagoji Rao, Aged about 55 years, R/at Car Street, Ganjam, Srirangapatna Town.
2. N.Narasoji Rao, II applicant, GPA (By Sri. Narasoji Rao, Party-in-Person) AND:
Javaraiah @ Javaranaika S/o Chennabasavaiah, Aged about 50 years, Coconut dealers, Ranganatha Temple, Srirangapatna.
…Appellants …Respondent This RSA is filed under Section 100 of C.P.C., against the judgment and decree dated 20.12.2007 passed in R.A. No.65/2007 on the file of the Principal Civil Judge, (Sr.Dn.) and JMFC., Srirangapatna, dismissing the appeal and confirming the judgment and decree dated: 02.11.2006 passed in O.S. No.105/2002 on the file of the Principal Civil Judge, (Jr.Dn.), Srirangapatna.
This RSA is coming on for orders, this day, the court delivered the following:
JUDGMENT Plaintiff in O.S NO.105/2002 on the file of Principal Civil Judge, (Jr.Dn.), Srirangapatna. has preferred this appeal challenging the concurrent judgment and decree passed by the Courts below.
Though appeal is at the stage of complying office objections raised by the office, a memo dated 05.09.2017 is filed by the appellant who appeared as party-in-person praying permission of the court to withdraw the appeal with liberty to file a fresh appeal.
The memo is taken on record.
Accordingly, appeal stands dismissed as withdrawn granting liberty as prayed for.
The Registry to intimate the appellant that the memo filed by him is allowed and accordingly the appeal is dismissed as withdrawn by granting liberty as sought in the memo.
SD/- JUDGE akv/-