Karnataka High Court
V G Deshpande vs C G Deshpande on 30 July, 2012
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
REGULAR FIRST APPEAL NO.1540/2011
BETWEEN:
V.G. DESHPANDE,
S/O. LATE. GURUNATH RAO DESHPANDE,
AGED ABOUT 60 YEARS,
R/O. HOUSE NO. 69-B,
BLOCK NO. II, RAJAJINAGAR,
BANGALORE - 10
... APPELLANT
(BY SRI SHRISHAIL A. HUBLI, ADV.)
AND:
1. C.G. DESHPANDE,
S/O. LATE GURUNATH RAO DESHPANDE,
AGED ABOUT 63 YEARS,
R/O. NO. 454, 8TH CROSS,
MAHALAKSHMI LAYOUT,
BANGALORE - 86
2. MR S.G. DESHPANDE,
S/O. LATE GURUNATH RAO DESHPANDE,
AGED ABOUT 57 YEARS,
R/O. FLAT NO. A6,
SATELLITE COLONY "DHRUVA",
2
RANCHI - 834 004
JARKHAND STATE.
3. MISS MADHURI DESHPANDE,
D/O. LATE GURUNATH RAO DESHPANDE,
AGED ABOUT 51 YEARS,
R/O. BOMMALADEVIPURA,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK - 571 129.
TUMKUR DISTRICT.
4. SMT SHAILAJA DEVRAJ,
W/O. SRI DEVRAJ,
AGED ABOUT 42 YEARS,
R/O. HOUSE NO. 1,
BEHIND SAPTHAGIRI
INTERNATIIONAL HOTEL,
KAVOOR, MANGALORE - 575 001
... RESPONDENTS
(BY SRI NANDITA HALADIPUR, ADV.)
THIS RFA IS FILED U/SEC.96 READ WITH ORDER 41,
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED:09.03.2011 PASSED IN O.S. NO. 16280/2006 ON THE
FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL
UNIT, BANGALORE, DECREERING THE SUIT FOR PARTITION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo dated 26.07.2012 is filed by the appellant. The said memo is signed by the appellant as well as the learned counsel for the 3 appellant. The appellant, who is present in Court and is identified by the learned counsel would state that he has filed the memo. The memo reads as under:-
"Having regard to the nature of relationship between the parties to the proceedings of the above appeal and the stage, the FDP No. 25010/2011 in respect of the judgment and decree impugned in the above appeal, reached, the appellant above named does not intend to peruse the prosecution of the above appeal. Hence, appellant prays that this Hon'ble Court may be pleased to permit him to withdraw the above appeal."
2. In terms of the memo, the appeal is disposed of as withdrawn.
Sd/-
JUDGE ST*