Dismissed
Sri Chandrashekarachar v. T. Narasimha Murthy
Karnataka HCRFA/682/2010
Case brief
from the order text
What is this about?
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
What the court decided
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.682/2010 (PAR/INJ) C/W. R.F.A.NO.854/2008 (INJ)
IN R.F.A.NO.682/2010:
BETWEEN:
SRI CHANDRASHEKARACHAR S/O LATE SRI BHADRACHAR AGED ABOUT 58 YEARS R/AT NO.166, 5TH CROSS HMT LAYOUT, MATTIKERE BENGALURU-560 054 REP. BY HIS GPA HOLDER SMT.C.PADMAVATHI W/O CHANDRASHEKARACHAR AGED ABOUT 48 YEARS PRESENTLY R/AT NO.841, 5TH CROSS, 5TH MAIN, VIJAYANAGAR BENGALURU-560 040. … APPELLANT
[BY SRI H.V.KRISHNAMURTHY, FOR SRI H.P.LEELADHAR, ADVOCATE]
AND:
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MAGADI ROAD, CHORD ROAD EXTEN., 5TH CROSS, 6TH CROSS, VIJAYANAGAR, BENGALURU-560 040.
SINCE DECEASED BY HIS LRs.,
1(a) N.ARUNA
W/O BEEMAPPA HAVANUR
AGED ABOUT 53 YEARS NO.566, 6TH MAIN ROAD 3RD PHASE, 3RD BLOCK BASAVESHWARANAGARA
BENGALURU-560 079.
1(b) N.VIJAYALAKSHMI W/O R.S.RAVI AGED ABOUT 54 YEARS NO.816, 6TH CROSS 5TH MAIN MCR LAYOUT VIJAYANAGAR, BENGALURU
W/O SHANTHARAM AGED ABOUT 49 YEARS NO.817, 6TH CROSS, 5TH MAIN MCR LAYOUT, VIJAYANAGAR BENGALURU.
[BY SRI B.V.MURALIDHAR, ADVOCATE FOR R2; R1(b) & (c) –SERVED & UNREPRESENTED]
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.12.2009 PASSED IN O.S.NO.8013/1992 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH.12), DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION.
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IN R.F.A.NO.854/2008:
BETWEEN:
P.NARASIMHA MURTHY S/O P.UGRAPPA AGED ABOUT 62 YEARS FORMER CHAIRMAN KARNATAKA ELECTRICITY BOARD NO.817, 6TH CROSS MAGADI CHORD ROAD LAYOUT VIJAYANAGAR, BENGALURU-40.
… APPELLANT
[BY SRI JAYAVITTAL RAO KOLAR, ADVOCATE]
AND:
DR. CHANDRASHEKAR ACHAR S/O LATE BHADRACHAR AGED ABOUT 43 YEARS R/O NO.166, 5TH CROSS HMT LAYOUT, MTTIKERE BENGALURU-54.
… RESPONDENT
[BY SRI H.V.KRISHNAMURTHY, FOR SRI H.P.LEELADHAR, ADVOCATE]
THIS R.F.A. IS FILED UNDER ORDER XLI, RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.04.2008 PASSED IN O.S.NO.636/1994 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH.16), DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant in R.F.A.No.682/2010
has filed a memo seeking permission of this Court to withdraw
the appeal.
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The memo is taken on record.
Accordingly, the appeal is dismissed as not withdrawn.
Learned counsel for the appellant in R.F.A.No.854/2008
has also filed a memo stating that Smt. N. Vijayalakshmi, D/o. Late Sri P. Narasimha Murthy, the appellant in this appeal has instructed the undersigned that herself and her other two sisters are not interested in continuing this appeal and therefore, the appeal may be dismissed as withdrawn.
The memo is taken on record.
Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
ST
Sri Chandrashekarachar S/o Late Sri Bhadrachar
Smt. C. Padmavathi
R.F.A.No.682/2010 (PAR/INJ)
T. Narasimha Murthy
The Commissioner Corporation of the City of Bengaluru
P. Narasimha Murthy S/o P. Ugrappa
H.P. Sandesh
As recorded by the court registry
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