The High Court of Karnataka dismissed the regular first appeal filed under Section 96 of CPC as withdrawn by the appellants.
The appeal was dismissed as withdrawn.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 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1953 OF 2016 (DEC/INJ)
BETWEEN:
BOTH ARE RESIDING AT NO.45, 4TH CROSS SRIRAMAPURAM, BENGALURU-560 021.
…APPELLANTS
(BY SRI R.B. SADASIVAPPA, ADVOCATE)
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
AND:
NC: 2023:KHC:44879 RFA No. 1953 of 2016
RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.4258 20TH MAIN, III CROSS SUBRAMANYANAGARA BENGALURU-560 021.
RESPONDENT NOS.6 TO 9 ARE RESIDING AT NO.108, 42ND CROSS 8TH BLOCK, JAYANAGAR, BENGALURU-560 065.
RESPONDENT NOS.11 TO 18 ARE RESIDING AT NO.202, SITE NO.10, 6TH CROSS, 1ST BLOCK AKSHYANAGAR, KOUDENAHALLI RAMAMURTHY NAGAR BENGALURU-560 016.
NC: 2023:KHC:44879 RFA No. 1953 of 2016
3RD MAIN, SUBRAMANYANAGAR BENGALURU-560 021.
…RESPONDENTS
(BY SRI S.V. GIRIDHAR, ADVOCATE FOR R.21; RESPONDENT NOS.1, 2, 3, 4, 7, 12, 13, 14, 15, 16, 17, 18, 20 ARE SERVED; NOTICE TO R.8 & R.9 IS HELD SUFFICIENT V/O. DATED 26.07.2023; NOTICE TO RESPONDENT NOS.5, 6, 10 & 19 IS HELD SUFFICIENT V/O. DATED 10.11.2023.)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.931 OF 2009 DATED 29.09.2016 ON THE FILE OF 43RD ADDITIONAL CITY CIVIL JUDGE AT BANGALORE BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
today, which reads as under:
"The appellant in the above case pays that, this Hon'ble Court be pleased to permit the appellant to withdraw the above appeal and be pleased to dismiss the above appeal as withdrawn, in the interest of justice and equity."
NC: 2023:KHC:44879 RFA No. 1953 of 2016
withdrawn.
Sd/JUDGE
hkh.
SMT. SRILAKSHMI W/O. LATE M.N. GOPINATH
M.G. ANANDA KUMAR S/O. LATE M.N. GOPINATH
M.N. RAMAMURTHY AGED ABOUT 64 YEARS
SMT. SAVITHRAMMA AGED ABOUT 82 YEARS
M.S. SHILPA AGED ABOUT 32 YEARS
M.S. RAGHURAM AGED ABOUT 30 YEARS
S.R.KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
