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2025 Supreme(Online)(Kar) 15464
KARNATAKA HIGH COURT
C.M. POONACHA, J
SMT. MANCHAMMA D/O. LATE CHANNANAYAKA – Appellant
Versus
SMT CHIKKACHOWDAMMA W/O. LATE CHANNANAIKA @ CHANNANKANAIKA – Respondent
MISCELLANEOUS FIRST APPEAL NO.1782 OF 2025
For the Appellants/Petitioners: SRI. VIJAY A.M
For the Respondents:
The right to withdraw an appeal and seek remedy in a higher court is upheld.
Headnote:In this appeal under Order 43 Rule 1(c) of the CPC against the order dated 23.01.2025 passed in MIS No.23/2024, the appellant seeks withdrawal of the appeal and the liberty to challenge the order in the District Court. The appeal is dismissed as withdrawn, allowing for further action in the District Court.
| Table of Content |
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| 1. appeal dismissed; liberty to file anew. (Para 2) |
| 2. return of certified copies mandated. (Para 3) |
ORAL JUDGMENT
Learned counsel for the appellant has filed a Memo, which reads as follows:
“MEMO The undersigned seeks leave of this Hon’ble Court to withdraw the above appeal and liberty may be reserved to the appellant to challenge the impugned order before the Hon’ble District Court, Mysuru.”
2. In view of the same, the above appeal is dismissed as withdrawn reserving liberty as sought for. Learned counsel for the appellant is permitted to file the appeal before the District Court within two weeks from today.
3. Certified copies of the impugned order to be returned after the same is replaced by copies.
SD/-
