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1995 Supreme(Kar) 112

M.F.SALDANHA
S. RAMANATHA GUPTHA – Appellant
Versus
S. VENKATACHALAPATHY – Respondent


Advocates:
M.S.SATISH, M.S.Subrayappa, S.Shanker Shetty

M. F. SALDANHA, J.

( 1 ) THIS application which has been presented by the original applicant No. 2 in RFA. 115/94 raises certain issues of some consequence with regard to the conduct of proceedings before Courts and the finality or otherwise that has to be attached to the actions of parties to those proceedings. The appeal came to be dismissed by me by order dated 10-1-95 and the reason for this was because the two appellants filed a joint memo dated 1-2-95 (sic) requesting the court for permission to withdraw the R. F. A. in question. The appellants have been duly identified by their learned advocate apart from which the memo in question has been affirmed before an advocate and notary by the name of B. S. Padma Prasad. Subsequent this, it appears that applicant No. 1 was no longer interested in the litigation and the second applicant thereafter presented one more memo to the Court which is on record dated 3-3-94 duly signed by him requesting that the appeal may be dismissed as withdrawn in view of the compromise decree passed in O. S. 488/90 which is the subject-matter of this appeal. On 10-1-95, this Court dismissed the appeal on the basis of these documents. Thereafter the presen












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