IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA REGULAR SECOND APPEAL No.148 OF 2016 (Dec) BETWEEN:
SRI NARAYANAPPA S/O ANJINAPPA AGED ABOUT 64 YEARS R/A KURUBARAKUNTE VILLAGE KASABA HOBLI DEVANAHALLI TALUK. ...APPELLANT (BY SRI T.RAJARAM, ADVOCATE) AND:
1. SMT MUDDAMMA W/O THIMMAIAH SINCE DIED BY LRs:
1a) SRI THAMMAYAPPA @ DESHAPPA S/O DALEGOWDA, MAJOR, R/A MANDLA HALLI VILLAGE BIDDI HOBLI, RAMANAGARA TALUK AND DISTRICT.
2. SRI B KRISHNAMURTHY S/O B.NARASIMHAIAH MAJOR, PETTY SHOP OWNER DEVANAHALLI TALUK 3. SRI VENKATESH S/O YARAPPA AGED ABOUT 38 YEARS R/A KURUBARAKUNTE VILLAGE KASABA HOBLI DEVANAHALLI TALUK 4. SMT SAROJAMMA W/O RAMAIAH R/A BINNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK. ...RESPONDENTS THIS RSA FILED UNDER ORDER 42 RULE 1 R/W SEC.
100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.10.2015 PASSED IN R.A.NO.150/2009 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.06.2009 PASSED IN O.S.No.33/2006 ON THE FILE OF THE CIVIL JUDGE (Sr.Dvn.) & JMFC, DEVANAHALLI.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the appeal.
Memo is placed on record.
The appeal is dismissed as withdrawn.
Sd/- JUDGE dh