The Special Bench of the High Court of Karnataka at Bengaluru dismissed the first appeal (RFA No.1999 of 2012) filed under Section 96 of the CPC as withdrawn, upon the appellant's request.
Withdrawal of appeal allowed, appeal dismissed as withdrawn by order passed on 04-04-2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A.NO.1999 OF 2012 (DEC/INJ)
BETWEEN:
SRI C.N. VEDANTH S/O LATE SRI C K NARASIMHA IYENGAR AGED ABOUT 76 YEARS R/O NO.140, 1ST MAIN SESHADRIPURAM BANGALORE-560 020
...APPELLANT
(BY SRI.M S NARAYAN, ADVOCATE FOR SRI.ARJUN.P.R, ADVOCATE)
AND:
1(A). SMT.PRABHA.K.MURTHY, W/O LATE C.N.KESHAVA MURTHY, AGED ABOUT 75 YEARS, R/AT NO.12, 15TH MAIN, SRIPURAM, SESHADRIPURAM, BENGALURU-560020.
1(B). SRI.HARISH.K.MURTHY S/O LATE C.N.KESHAVA MURTHY AGED 51 YEARS,
2
R/AT NO.38, VENKATESWARA SHAPIRE, BALAJI LAYOUT, 6TH CROSS, KODIGEHALLI, BENGALURU-560094.
1(C). SRI.RADESH K.MURTHY, S/O LATE C.N.KESHAVA MURTHY, AGED 49 YEARS, R/AT NO.12, 15TH MAIN, SRIPURAM, SESHADRIPURAM, BENGALURU-560020. 2. M/S SHALIMAR BUILDERS A PRIVATE LIMITED COMPANY REPRESENTED BY SRI N SHEKAR MAJOR, DIRECTOR OFFICE AT NO.9/2, 5TH CROSS MALLESHWARAM OPP GITANJALI THEATRE BANGALORE-560003
…RESPONDENTS
(M/S LAWYERS INC FOR R1(A-C) BY SRI.B.N.PRAKASH; V/O DTD: 16.12.2019 SERVICE OF NOTICE TO R2 IS H/S; V/O DTD: 01.07.2016 APPEAL AGAINST R2 DISMISSED)
THIS RFA IS FILED U/SEC 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.06.2012 PASSED IN O.S.5475/1997 ON THE FILE OF VIII-ADDL. CITY CIVIL JUDGE, BANGALURU, DISMISSING THE SUIT FILED FOR DECLARATION AND INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking withdrawal of the appeal.
Memo is taken on record.
The appeal is dismissed as withdrawn.
Sd/JUDGE
CA
2 issues framed by the court
Whether the appellant filing for withdrawal of the appeal can be permitted.
How the appeal filed under Section 96 CPC was disposed of.
1 provisions across 1 enactments
SRI C.N. VEDANTH S/O LATE SRI C K NARASIMHA IYENGAR
SRI C N KESHAVA MURTHY S/O LATE SRI C K NARASIMHA IYENGAR
SMT.PRABHA.K.MURTHY W/O LATE C.N.KESHAVA MURTHY
SRI.HARISH.K.MURTHY S/O LATE C.N.KESHAVA MURTHY
SRI.RADESH K.MURTHY S/O LATE C.N.KESHAVA MURTHY
M/S SHALIMAR BUILDERS A PRIVATE LIMITED
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
