Sri. Ningaiah vs Sri.Pradeep on 20 July, 2017

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Karnataka High Court

Sri. Ningaiah vs Sri.Pradeep on 20 July, 2017

Bench: B Veerappa

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 20TH DAY OF JULY, 2017

                           BEFORE

           THE HON'BLE MR. JUSTICE B VEERAPPA

                  MFA NO.1316/2017(CPC)

BETWEEN:

1.   SRI. NINGAIAH
     S/O DASHAVARA SHAMBHUVAIAH
     AGED ABOUT 72 YEARS
     R/A H MOGENAHALLI VILLAGE
     BEVUR POST
     CHANNAPATNA TQ
     RAMANAGARA DIST

2.   SRI MARIYAPPA
     S/O NINGAIAH
     AGED ABOUT 47 YEARS

3.   RAJU
     S/O NINGAIAH
     AGED ABOUT 34 YEARS

     APPELLANT NOS.2 AND 3 ARE
     RESIDING AT NO.113,
     PIPE LINE ROAD
     BEHIND THIRUMALA PALACE
     PREM NAGAR, LAGGERE
     BENGALURU-560 058
                                          ... APPELLANTS

(BY SRI:SOMASHEKHARAIAH R P, ADV)
                               2



AND:

SRI.PRADEEP
S/O MARIYAPPA
AGED ABOUT 24 YEARS
R/O ADAGANAHALLI VILLAGE
ATHAGUR HOBLI
MADDUR TQ
MANDYA DIST
                                             ... RESPONDENT

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC
PRAYING TO SET ASIDE THE ORDER DATED 20.10.2016 MADE
IN MISC.NO.12/2010 ON THE FILE OF THE PRINCIPLE CIVIL
JUDGE AND JMFC AT MADDUR AND RESTORE THE OS
NO.301/2008 BY SETTING ASIDE THE JUDGMENT AND DECREE
DATED 17.04.2010 ON THE FILE OF THE PRINCIPLE CIVIL
JUDGE (JR.DN.) AND JMFC, MADDUR.

    THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned Counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to file appropriate appeal before the jurisdictional Court concerned within a period of 30 days.

2. The memo is placed on record. 3

3. The appeal is dismissed as withdrawn granting liberty to the appellants to file appropriate appeal before the jurisdictional Court.

Office is directed to return the certified copy of the impugned order to the learned Counsel for the appellants, forthwith.

Sd/-

JUDGE *bgn/-

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