Regular First Appeal No. 1387 of 2022 filed under Section 96 of the CPC against a decree for ejectment was heard. The appellant's counsel submitted that the appeal is withdrawn. The court accepted the submission and dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn; court fee refunded to appellants; no costs.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1387 OF 2022 (RES)
BETWEEN:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
ALSO AT R/AT SURAKSHA NILAYA BEHIND P AND T QUARTERS RAGHAVENDRA NAGARA SHETTIHALLI MAIN ROAD TUMKUR-572 102.
BOTH RESIDING AT FLAT NO.3A 3RD FLOOR, SAI RAM RESIDENCY SITE NO.52, 53, 54 AND 55 IBBALURU VILLAGE, BEGUR HOBLI BENGALURU-560 102.
[BY SHRI. H.S.PRASHANTH, ADVOCATE FOR APPELLANTS No. 2 TO 4, THROUGH VIDEO CONFERENCING; V/O DTD: 28/09/2022 APPEAL AGAINST APPELLANT No. 1 STANDS DISPOSED OFF]
AND:
NC: 2023:KHC:21172-DB RFA No. 1387 of 2022
NC: 2023:KHC:21172-DB RFA No. 1387 of 2022
PERMANENT ADDRESS: NO.1-1-95 COMSARY BAZAR, NEW BOWEN PALLY NEW MOVIES FOINT, SECUNDERABAD HYDERABAD ANDRAPRADESH -500 011.
PERMANENTLY R/AT NO.138 TANK ROAD, SIVANANTHA COLONY COIMBATORE SOUTH TAMILNADU-641 012.
PERMANENT ADDRESS: THODATHY, ASAMNNOOR P.O EARNAKULAM KERALA-683 549.
PERMANENTLY R/AT. 85/1 PARIJATHA AVENUE ROAD NEAR CYCLE TRACK PARK GREEN GLEN LAYOUT BALLENDHUR BENGALURU-560 103.
NC: 2023:KHC:21172-DB RFA No. 1387 of 2022
R/AT HOUSE NO.4E, BUILDING NO.52 TO 55 IBBALURU VILLAGE BENGALURU-560 102.
PERMANENT ADDRESS SUNDARPUR KHAINA MURIA DHARBANGA BIHAR-847 115. …RESPONDENTS
(BY SHRI. H.V.HARISH, ADVOCATE FOR C/R2)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2022 PASSED IN O.S.NO.4553/2019 ON THE FILE OF THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT AND DAMAGES. THE APPELLANT HEREIN IS PREFERRING THIS APPEAL IN SO FAR AS IT RELATES TO DIRECTING THESE APPELLANTS TO QUIT, VACATE AND HAND OVER VACANT POSSESSION OF TENEMENTS/ FLATS IN THE POSSESSION OF THESE APPELLANTS IN SCHEDULE A PROPERTY TO THE PLAINTIFFS.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
Shri H.S.Parashanth, learned advocate for the
appellants submits that this appeal arises out of a suit for ejectment. Appellants are defendants and decree has been executed. He has no instructions in the matter and submits
that this appeal may be disposed of as withdrawn based on his submission. He undertakes to file a memo to the said effect in the Registry. Once received, memo shall be kept in record.
NC: 2023:KHC:21172-DB RFA No. 1387 of 2022
as withdrawn.
appellants in accordance with law.
No costs.
Sd/JUDGE
Sd/JUDGE
YN List No.: 1 Sl No.: 27
2 issues framed by the court
Whether the appeal filed against the decree in the ejectment suit be disposed of as withdrawn.
Whether court fee refund to appellants is ordered.
1 provisions across 1 enactments
SRI. NAGARAJA GOWDA T. S/O MR. THAMMANNA
SRI. RUDRESH B.V.
SMT. MAMATHA R.
SMT. BINODINI NAYAK
SMT. BHARATHI C.
SRI. MANJUNATH C.
P.S. DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
