IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY BETWEEN:
1. Vasanthi R.F.A.No.1913 OF 2016 W/o Late Puttappa Hegde, Aged about 71 years, R/at Rshyashrungha Nilaya, Chennappa Layout, Near Shimoga Medicals, Shimoga.
2. Susheela W/o. Late Ramappa Hegde, Aged about 66 years, R/at Near PWD Quarters Road, Vidyaranyapura Villlage, Kasaba Hobli, Sringeri Taluk, Chikmagalure-577 139.
(By Sri. K.Prasad Hegde, Advocate) AND:
1. Shailaja R Hegde W/o Late M.G. Ratnakara Hegde Aged about 63 years, R/at Sharada Nagar, Sringeri, Chikmagaluru District.
…Appellants 2. Sharadi Prashanth W/o Prashanth, D/o Late M.G.Ratnakara Hegde, Aged about 39 years, R/at 447, 38th A Cross, Jayanagara, 5th Block, Bangalore - 41.
3. M.R. Rushyashrunga Hegde S/o Late M.G. Ratnakara Hegde, Aged about 37 years, Sharada Nagar, Sringeri, Chikmagaluru District.
4. M.G.Sudhakara Hegde Aged about 60 years, S/o Late Gundappa Hegde, R/at Uluve, Kavadi Post, Srinigeri Taluk - 577 139 Chikmagaluru District.
5. M.G. Vanajakshi Aged about 71 years, W/o Sannayya Hegde, R/at Kalakatt, Darekoppa Post, Srinigeri Taluk, Chikmagaluru District.
6. M.G. Prema Aged about 68 years, W/o Late Tejappa Hegde, R/o Muduvalli, Karnapura Post, Megaravlli, Tirthahalli Taluk, Shimoga District.
7. M.G. Vinoda Aged about 66 years, W/o Nanjude Gowda, R/at Marasanige Post, Kalasa, Mudigere Taluk, Chikmagaluru district.
8. M.G. Thara Aged about 64 years, W/o C K Devappa Gowda, 1550, Vaibhav Classic, 9th Cross, Chandra Layout, Behind Gurushree Hospital, Bangalore.
9. Gayathri Aged about 62 years, W/o Srinivas, R/at Melinapete, Near Water Tank, Koppa Post - 577 126 Chikmagaluru District.
10. State of Karnataka Rep by District Collector and Deputy Commissioner Chikmagaluru District.
11. Deputy Conservator of Forests Karkala Deputy Conservator of Forests, Kudremukh National Park, Wild Life Division, Karkala - 574 104 Udupi District.
12. Assistant Conservator of Forests Assistant Conservator of Forests, Kudremukh National Park, Wild Life Division, Kudremukh, Mudigere Taluk, Sharada Nagar, Sringeri Chikmagaluru district.
13. Range Forest Officer Kerekatte Range, Sringeri Taluk, Chikmagaluru District.
**** …Respondents This Regular First Appeal is filed under Section 96 R/w Order XLI of the Code of Civil Procedure, 1908, against the judgment and decree dated:10.08.2016 passed in O.S.No.98/2015 on the file of the Senior Civil Judge and CJM, Chikkamagalore, dismissing the suit for declaration and injunction.
This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal as not pressed with liberty to file appropriate petition before the trial Court.
In view of the memo and the supporting submission and also considering the office objections regarding maintainability of this appeal, memo for withdrawal is considered favourably. The appeal is dismissed as withdrawn, however, reserving liberty to the appellant to file appropriate petition before the trial Court within three weeks from today.
Sd/- JUDGE PN