HEMA Vs. SHARADADEVI

JUDGEMENT

(1.) Present petition is filed under Sec. 24 of the Code of Civil Procedure (for short, 'CPC') seeking to withdraw the regular appeal in R.A.No.92/2020 pending on the file of the III Additional District and Sessions Judge, Dharwad and present it before this Court for disposal along with RFA.No.100314/2020 pending consideration before this Court.

(2.) It is the contention of the petitioner that the suit in O.S.No.150/2011 was filed by the respondents No.1 to 11 on the file of the I Additional Senior Civil Judge and CJM, Dharwad seeking reliefs of declaration, possession and injunction and in the said suit the petitioner herein had made a counter claim. The suit came to be decreed, counter claim was rejected. Being aggrieved by the rejection of the counter claim, the petitioner has preferred an appeal before this Court in RFA.No.100314/2020 and aggrieved by the decree passed in of the suit, the petitioner has filed an appeal in R.A.No.92/2020 before the III Additional District and Sessions Judge, Dharwad. That in view of the pendency of RFA.No.100314/2020 before this Court arising out of the same suit and the same judgment, the present petition is filed seeking withdrawal of regular appeal in R.A.No.92/2020 pending on the file of the III Additional District and Sessions Judge, Dharwad to this court for common disposal.

(3.) Learned counsel for the respondent files a memo dtd. 9/1/2023 stating that they have no objection in withdrawing the said R.A.No.92/2020 and to be presented before this Court to be heard along with the aforesaid RFA.No.100314/2020 pending consideration before this Court.