M SHAMSHUKHAN v. JAYALAKSHMI

THE HON'BLE MR. JUSTICE C.R.KUMARASWAMY R.S.A. No.1336 OF 2009 A/W MISC. CVL. NO.17641 OF 2009 IN R.S.A. NO.1336 OF 2009 BETWEEN : M SHAMSHUKHAN AGED ABOUT 57 YEARS, S/O LATE MADHAR KHAN R/A MASKAM 'B' BLOCK, ENDERSONPET POST, K.G.F. ...APPELLANT (COMMON) (BY SRI. IQBAL PATEL, ADV.,) AND : JAYALAKSHMI W/O LATE GOVINDASWAMY R/A MASKAM C BLOCK, ENDERSONPET POST, K.G.F. ...RESPONDENT (COMMON) (BY SMT. NEERAJA KARANTH, ADV., FOR LEX JUSTICIA) 2 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.07.2009 PASSED IN R.A. 264/2002 ON THE FILE OF THE CIVIL JUDGE, (SR. DN.) K.G.F., DISMISSING THE APPEAL AND CONFIRMING JUDGMENT AND DECREE DATED 25.09.2002 PASSED IN O.S. 97/1999 ON THE FILE OF THE I ADDL. CIVIL JUDGE, (JR. DN.) K.G.F. THIS APPEAL ALONGWITH MISC. CVL. COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING: JUDGMENT The appellant is present. Appellant is represented by his counsel Sri Iqbal Patel, advocate. Learned counsel for the appellant has filed a memo dated 08.06.2012. Copy of this memo has also been served on the other side. The other side has made an endorsement on the memo mentioning “Seen and received the copy”. The memo dated 08.06.2012 reads as follows: “ In this case the appellant submits as follows: That the respondent has already sold the suit property in favour one Babu on

14.2.2001 and said Babu has filed OS 3 No.109/2007 on the file of the Prl. Civil Judge, (Jr. Dn.) at K.G.F. For permanent injunction against this appellant, but the said suit has been dismissed on

25.11.2011, in view of the same the appellant do not want to proceed with this appeal hence the appeal may kindly be dismissed as withdrawn, in the interest of justice.” In view of this memo this second appeal is dismissed as not pressed. Consequently, Misc. Cvl. No.17641/09 also dismissed as infructuous. Sd/- JUDGE