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2025 DAILYLAW 32448 (KAR)

GERARD SALDANA v. TANVEER AHMED

RFA/1878/2023 · 2025-01-06

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:64 RFA No. 1878 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1878 OF 2023 (RES) BETWEEN: GERARD SALDANA ALSO KNOWN AS GERALD SALADANA, SON OF WML SALDANA, AGED 64 YEARS, COFFEE PLANTER, RESIDING AT SAMPEGEKHAN ESTATE, TANIGEBAILU, TARIKERE TALUK-577 129. …APPELLANT (BY SRI. IAN ISIDORE PRAKASH LEWIS., ADVOCATE) AND: TANVEER AHMED SON OF LATE SYED MOHIDEEN, AGED 43 YEARS, RESIDING AT AYYAPPANAGAR EXTENSION, CHIKKAMAGALURU-577 101. AND ALSO AT NATIONAL PLYWOOD SHOWROOM, I.G.ROAD, CHIKKAMAGALURU-577 101. …RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF THE CPC 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:64 RFA No. 1878 of 2023 ORAL ORDER Sri.Ian Isidore Prakash., counsel for the appellant has appeared in person. Counsel for the appellant submits that a memo has been filed stating that the appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, counsel Sri.Ian Isidore Prakash Lewis., submits that a conscious decision is taken by him and the appellant to withdraw the appeal and if an order is passed, they shall not seek for recalling the order and will not file the Review Petition. The oral submission made by counsel for the appellant and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 83