The High Court dismissed the appeal filed under Section 96 of CPC as withdrawn by the appellant, directing them to file a supporting affidavit within four weeks.
Appeal dismissed as withdrawn; appellant directed to file supporting affidavit within four weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A.No.1589/2011
BETWEEN :
SHRI VIDYUT C. DESAI S/O SHRI CHANDRAVADAN T. DESAI, AGED 58 YEARS, R/AT OLD NO.23/2, NEW NO.37, SESHADRI ROAD, BANGALORE-560009 ...APPELLANT
(BY SMT.ASHA RANI, ADV.)
AND :
R/AT MOTEL SUNRISE 3000 HIGHWAY, SOUTH ANDERSON SOUTH CAROLINA UNITED STATES OF AMERICA …RESPONDENTS
(BY SRI HARISH V.R., ADV. FOR R-1; VIDE COURT ORDER DATED 01.09.2014 NOTICE TO R-2 IS HELD SUFFICIENT.)
THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER 41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.06.2011 PASSED IN O.S.No.16219/1999 ON THE FILE OF THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL UNIT, BANGALORE, PARTLY DECREEING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
The appellant - Sri.Vidyut C. Desai who is present
before the court has filed a memo seeking leave of the
court to withdraw the appeal.
Memo is placed on record.
Appeal stands dismissed as withdrawn. However,
the appellant is directed to file an affidavit in support of the memo filed before the court within four weeks from
today.
Sd/JUDGE
Sd/-
JUDGE
Dvr:
Shri Vidyut C. Desai
Shri Chandravadan T. Desai
Shri Jaikumar C. Desai
S. Sujatha
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
