The High Court of Karnataka dismissed the first appeal as withdrawn, noting that the counsel for the appellant filed a memo seeking permission to withdraw the appeal dated 29.08.2023.
The appeal was dismissed as withdrawn.
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 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1908 OF 2019 (INJ)
BETWEEN:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
SRI. R. MAHADEVASWAMY, S/O RUDRAMUNIYAPPA, AGED ABOUT 77 YEARS, R/AT NO.1228, 6TH CROSS, 8TH MAIN, BANASHANKARI, 1ST STAGE, SRINIVASANAGARA, BENGALURU - 560 050. PRESENTLY R/AT NO.11 & 12, BABASAHEB PALYA, (BASAVESHWARANAGARA), 1ST MAIN, KHATA-445/7, KENGERI HOBLI, KENGERI MUNICIPAL TALUK, BENGALURU SOUTH TALUK, MYSURU ROAD, BENGALURU - 560 060. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
…APPELLANT
(BY SRI. VISWANATHA SETTY V., ADVOCATE)
AND:
SMT. JALAJAKSHI SALIMATH, W/O SANGAYYA SALIMATH, AGED ABOUT 54 YEARS,
NC: 2023:KHC:39348 RFA No. 1908 of 2019
R/AT NO.NA-69, B.E.L. COLONY, JALAHALLI, BENGALURU - 13. PRESENTLY R/AT NO.922, 4TH CROSS, 3RD MAIN, VIJAYANAGARA, BENGALURU - 560 040.
…RESPONDENT THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.08.2019 PASSED IN O.S.NO.6944/2012 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo dated 29.08.2023 seeking permission to withdraw the appeal. Memo is taken on record.
MH/List No.: 1 Sl No.: 45.1 CT:SNN
Sd/JUDGE
1 provisions across 1 enactments
SRI. R. MAHADEVASWAMY
SMT. JALAJAKSHI SALIMATH
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
