The appeal under Order 41 Rule 1 CPC read with Section 96 was dismissed as withdrawn upon counsel's memo. Refund of court fee was ordered. No substantive decision on eviction was delivered in this appeal.
Dismissal of appeal as withdrawn; refund of court fees ordered.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.1313/2019
BETWEEN
MR. NOORUDDIN S/O ASMATH PASHA, AGED ABOUT 57 YEARS, NO.7, KRISHNA SINGH LANE, BANGALORE 560002.
AND ALSO AT:
NO.27, 9TH CROSS A, SOMESHWARNAGAR, 1ST BLOCK, JAYANAGAR, TANK GARDEN, BANGALORE 560011
...APPELLANT
(BY SRI SURESHA, ADVOCATE)
AND
MRS. TALATH ISMAIL W/O LATE SHAIK ISMAIL, AGED ABOUT 55 YEARS, R/A NO.254, 6TH MAIN, 7TH CROSS, 3RD PHASE, PILLANNA GARDEN,
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BANGALORE 560045
...RESPONDENT
(BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.03.2019 PASSED IN O.S.NO.27353/2012 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-73), DECREEING SUIT FOR EVICTION AND DAMAGES.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant files a memo.
Memo reads as under:
"The Counsel appearing for the Appellant submits that, the Respondent have taken possession of the Schedule Shop Premises from the Appellant, hence, the Appeal may be dismissed as withdrawn. The Hon'ble Court be pleased to order for refund of entire court fees paid in the above Appeal, in the ends of justice."
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In view of the memo, appeal is dismissed as withdrawn.
Refund of court fee ordered.
Sd/JUDGE
SBN
Mr. Nooruddin S/o Asmath Pasha
Mrs. Talath Ismail W/o Late Shaik Ismail
V. Srisantha
As recorded by the court registry
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