IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD REGULAR SECOND APPEAL No.1965 OF 2012(DEC/INJ) BETWEEN:
Theodore Mathais, W/o B.D.Christopher, Since Dead by her LRs 1. Daniel J Christopher, Aged about 45 years, 2. James E Christopher Aged about 41 years, Both are R/at Kunja House, Kutyar, Shirva Post, Udupi-574 116. ... Appellants (By Sri. Viveka Krishna B.S. and Sri Ravi L Vaidya, Advocates) AND:
1. Jennieve Mathais Aged about 54 years, W/o Albert Mathais, 2. Allan Mathais Aged about 34 years, S/o Late Albert Mathais, 3. Sharman Mathais Aged about 31 years, S/o Late Albert Mathais, All are R/at Alwaris Road, Kadri, Mangalore.
4. Ida Mathais Aged about 64 years, W/o Robert Mathais, 5. Santhosh Mathais Aged about 33 years, S/o Robert Mathais, 6. Sachin Mathais Aged about 32 years, S/o Robert Mathais, 7. Sunil Mathais Aged about 30 years, S/o Robert Mathais, 8. Sabitha Mathais Aged about 27 years, D/o Robert Mathais, 9. Sandeep Mathais Aged about 24 years, S/o Robert Mathais, Nos.4 to 9 are R/at D.No.7-4C, Near Jathana Service Station, NH-17, Kinnimulki, Udupi. ...Respondents This Regular Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 14.03.2012 passed in R.A.No.35/2006 on the file of learned Principal Senior Civil Judge at Udupi, allowing the appeal and setting aside the judgment and decree dated 28.08.2006 passed in OS.No.171/1998 on the file of I Additional Civil Judge (Jr.Dn.) and JMFC, Udupi.
This Regular Second Appeal is coming on for Orders this day, the Court made the following:
J U D G M E N T Learned counsel for the appellants has filed a memo dated 01.08.2019 seeking permission to withdraw the appeal.
2. The memo is placed on record.
3. The appellants are permitted to withdraw the appeal.
4. Accordingly, the appeal is dismissed as withdrawn.
Sd/-
JUDGE RB