K.I. REVANNA v. K.I. KALLAPPA

(BY SRI. G. RAVISHANKAR, ADVOCATE) AND: K.I. KALLAPPA S/O INDE MALLAPPA AGED ABOUT 65 YEARS AGRICULTURIST RESIDENT OF KAVALU THOTADAMANE VILLAGE HAMLET OF DODDATHEKALAVATTI MATHODU HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577 533. …APPELLANT …RESPONDENT (BY SRI. K.V. SHYAMPRASADA, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.02.2017 PASSED IN RA NO.48/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.09.2012 PASSED IN O.S. NO.228/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12618 RSA No. 190 of 2024 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant filed an application in I.A.No.1/25 seeking permission to withdraw the appeal with the liberty to prosecute RSA No.1552/2019, which is pending before this Court.

In support of the application, the appellant has filed an affidavit stating that this appeal is preferred challenging the judgment and decree dated 8.2.2017 passed R.A.No.48/2016 and the judgment and decree dated

26.9.2012 passed in O.S.No.228/2008. During the pendency of RA No.48/2016, due to old age and feeble health, the appellant was not in a position to attend the Court on all dates of hearing and the doctor had advised to take rest. It is stated that, on 21.1.2024, the appellant learnt from the villagers that the respondent had obtained an order for arresting and keeping him in civil prison for the alleged disobedience of decree of injunction, but however, the appellant could not contact the Advocate who prosecuted the regular appeal. Hence, it was advised to file the appeal and - 3 - NC: 2025:KHC:12618 RSA No. 190 of 2024 accordingly, the present appeal came to be filed. After filing this appeal, he was able to contact his Advocate who prosecuted the appeal and came to know about filing of RSA No.1552/2019. Due to communication gap Advocate, the appellant had no knowledge of filing of RSA No.1552/2019. It is further stated that, in view of the respondent getting an order from the Executing Court, the appellant had no other choice and as per the advice, hurriedly filed this appeal. Hence, he seeks the leave of the Court to withdraw the present appeal, reserving the liberty to prosecute RSA No.1552/2019. Accepting the reasons assigned in the affidavit enclosing the application, I.A.No.1/2025 is allowed. The appellant is permitted to withdraw the appeal with the liberty to prosecute RSA No.1552/2019. In view of the withdrawal of the appeal, I.A.No.1/24 does not survive for consideration, and is accordingly, disposed of. Rs/List No.: 1 Sl No.: 48 SD/- (ASHOK S.KINAGI) JUDGE