The High Court of Karnataka considered an appeal for leave to withdraw a regular first appeal against a judgment dismissing a suit for declaration, possession, and mandatory injunction. Leave to withdraw was granted, and the appeal was dismissed as withdrawn without costs.
Leave granted to withdraw the appeal; appeal dismissed as withdrawn without costs.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.
NC: 2023:KHC:20713-DB RFA No. 1825 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH 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. 1825 OF 2018 (DEC/INJ)
BETWEEN:
SMT. M. GAYATHRI D/O LATE MUNIBYRAPPA W/O SRI. T.R. MANJUNATH AGED ABOUT 34 YEARS R/AT NO.44, 1ST MAIN MOUNT SENORIA SCHOOL ROAD LAGGERE, PEENYA POST BANGALORE-560 058 …APPELLANT
(BY SHRI. SHREERAM T. NAYAK, ADVOCATE) [THROUGH VIDEO CONFERENCE]
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
AND:
BOTH R/AT NO.325 2ND ‘D’ CROSS, 6TH MAIN 3RD BLOCK, 3RD STAGE BASAVESHWARANAGAR BANGALORE-560 079
RESPONDENTS NO.4 & 5 ARE R/AT NO.235, 2ND ‘D’ CROSS 6TH MAIN, 3RD BLOCK 3RD STAGE, BASAVESHWARANAGAR
BANGALORE-560 079 …RESPONDENTS
(BY SHRI. N.K. KANTHARAJU, ADVOCATE FOR R2, R4 & R5; SHRI. R. PADMANABHA, ADVOCATE FOR R3; VIDE ORDER DATED 15.06.2023 R1 IS DEAD)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2018 PASSED IN OS NO.1272/2014 ON THE FILE OF THE XXV ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE DISMISSING THE SUIT FOR DECLARATION, POSSESSION AND MANDATORY INJUNCTION.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
Shri Shreeram T.Nayak, learned advocate for the appellant
has filed memo dated 25.05.2023 seeking leave to withdraw this appeal.
NC: 2023:KHC:20713-DB RFA No. 1825 of 2018
as withdrawn.
No costs.
Sd/ JUDGE
Sd/JUDGE
YN List No.: 1 Sl No.: 10
3 issues framed by the court
Whether to grant leave to withdraw the regular first appeal filed under Section 96 of CPC.
Whether the appellant's request for withdrawal of the appeal should be allowed.
How to dispose of the regular first appeal upon withdrawal.
1 provisions across 1 enactments
Smt. M. Gayathri
Sri. Krishnamurthy
Smt. C. Manjula
Smt. Girija
Sri. K. Shreyank
Kum. K. Shilpa
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
