Regular First Appeal dismissed as withdrawn by the appellant due to the death of a key plaintiff, rendering the suit infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 211 OF 2012 (DEC/INJ)
BETWEEN:
PANCHAJANYA VIDYA PEETHA WELFARE TRUST(R), R/AT NO.18, 1ST "N" BLOCK, RAJAJINAGAR, BANGALORE-86.
REPRESENTED BY ITS MANAGING TRUSTEE, S.SHIVAMALLU.
…APPELLANT
(BY SRI.HARISH H.V., ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
MEKRI CIRCLE, BANGALORE - 06.
(SRINIVASA GARDEN) CHIUNCHAGHATTA MAIN ROAD, KONANKUNTE, BANGALORE - 62.
…RESPONDENTS
(BY SRI.HARI KRISHNA B.R., ADVOCATE FOR R2, R4 TO R7; R3 - SERVED; R1 - DECEASED)
THIS RFA IS FILED U/SEC.96, OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:09.09.2011 PASSED IN O.S.800/2007 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL JUDGE AT BANGALORE(CCH-06), PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Learned counsel for the appellant has filed a memo
for withdrawal dated 03.11.2023. The memo reads as under:
"The suit in O.S.No.800/2007 was filed for declaration and injunction that the removal of Plaintiff/Trustee from Appellant/Public & Charitable Trust is bad in Law. The said suit came to be decreed and it was ordered to furnish copy of enquiry report and take a decision. The same was stayed by this Hon'ble Court.
In view of death of Plaintiff/Respondent Sri.Shivalingaiah on 18.06.2022, the suit and appeal becomes infructuous.
Wherefore, it is prayed that this Hon'ble Court be pleased to dismiss the above appeal as become infructuous, in the above matter, in the interest of justice."
dismissed as withdrawn.
KAV
List No.: 1 Sl No.: 12
Sd/JUDGE
PANCHAJANYA VIDYA PEETHA WELFARE TRUST
1. SRI.L.SHIVALINGAIAH
2. SRI.P.L.NANJUNDASWAMY
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
