Karnataka High Court
Shri. A G Nanjunda Setty vs The Chief Officer on 18 October, 2022
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RSA No. 2209 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR SECOND APPEAL NO. 2209 OF 2018 (DEC/INJ)
BETWEEN:
SHRI. A.G. NANJUNDA SETTY
S/O LATE A.V. GUNDAPPA SETTY
AGED ABOUT 50 YEARS
R/O SAKLESHPURA TOWN
HASSAN DISTRICT.
...APPELLANT
(BY MR: K.N. PHANINDRA, SR. COUNSEL, A/W
MRS: SADHANA DESAI., ADVOCATE)
AND:
1. THE CHIEF OFFICER
TOWN MUNICIPAL COUNSEL
SAKALESHPUR TOWN
HASSAN DISTRICT.
2. DR. M. ALOK
Digitally S/O LATE M. JANARDHAN
signed by AGED ABOUT 29 YEARS
NANDINI B G SRINIVASA NURSING HOME
AZAD ROAD, SAKALESHPUR TOWN
Location:
HASSAN DISTRICT - 573 201.
High Court Of
Karnataka 3. DR. LEELAVATHI
W/O LATE M. JANARDHAN
AGED ABOUT 61 YEARS
SRINIVASA NURSING HOME
AZAD ROAD, SAKALESHPUR TOWN
HASSAN DISTRICT - 573 201.
...RESPONDENTS
(BY MR: D.L. JAGADISH, SR. COUNSEL, A/W
MS: RAKSHITHA D.J., ADVOCATE FOR R-1
MR: B.K. MANJUNATH, ADVOCATE FOR R-2 AND R-3)
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RSA No. 2209 of 2018
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, 1908
AGAINST THE JUDGMENT AND DECREE DATED 02.08.2018 PASSED
IN RA.NO.216/2015, ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 28.04.2015 PASSED
IN OS.NO.01/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., SAKALESHPUR.
THIS R.S.A. COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed the memo dated 18.10.2022 seeking permission to withdraw the appeal, with liberty to initiate fresh suit against the respondents, in the interest of justice.
The memo is placed on record.
The appeal is dismissed as withdrawn, with liberty to the appellant to initiate fresh suit, in accordance with law.
Sd/-
JUDGE *bgn/-