Appellant filed a first appeal under Section 96 of CPC against a judgment decreeing a suit for recovery of possession. Counsel submitted a plea to withdraw the appeal. The court accepted the withdrawal and dismissed the appeal.
The appeal was dismissed as withdrawn and the appellant was granted a refund of the entire court fees paid.
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:43817 RFA No. 2103 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2103 OF 2023 (RES)
BETWEEN:
SYED SUHAIL ALI AGED ABOUT 51 YEARS, S/O LATE SYED ALI PROPRIETOR OF B-STYLISH NO.2714/1A, 1B AND 1C, KALIDASA ROAD, V V MOHALLA, MYSURU - 570002.
ALSO AT: NO.815, B LAYOUT, BANNIMANTAPA EXTENSION, SHIVRATRESHWARA NAGAR, MYSURU – 570 015.
…APPELLANT
(BY SRI. AMBAJI RAO NAJRE, ADVOCATE)
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:43817 RFA No. 2103 of 2023
MAHADEVAPURA, J P NAGAR, MYSURU – 570 008.
AGED ABOUT 61 YEARS, SON OF LATE S RAMACHANDRAIAH NO. 44, UPSTAIRS, 15TH CROSS, KALIDASA ROAD, V V MOHALLA MYSURU – 570 002.
…RESPONDENTS
(BY SRI.G.M. ANANDA, ADVOCATE FOR CAVEATOR R-2, R-3 & R-4)
THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.08.2023 PASSED IN OS NO.492/2020 ON THE FILE OF THE V ADDITIONAL SENIOR CIVIL JUDGE, MYSURU, DECREEING THE SUIT FOR RECOVERY OF POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo seeking
withdrawal of the appeal. The said memo reads as under:
“The appellant has instructed his counsel to withdraw the above appeal.
Hence view of the above, said appeal shall be dismissed as withdrawn.
That in view of the withdrawal of the above appeal, the appellant herein prays this Hon’ble Court to order for refund of full court fees accordingly.
Hence, this memo.”
Fee paid on the Memorandum of Appeal, if permissible in
accordance with law.
Sd/JUDGE
SV List No.: 2 Sl No.: 3
Syed Suhaile Ali
M R Subramanya
M R Ramanathan
H V Jayashree
M R Janardhan
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
