The Karnataka High Court dismissed the regular first appeal filed under Section 96 of the CPC as withdrawn by the appellants. Additionally, the court directed the office to return trial court records to the respondent.
Order returned to trial court; original documents to be returned to respondent forthwith.
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 20TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA REGULAR FIRST APPEAL NO. 399 OF 2018 (INJ)
BETWEEN:
THE APPELLANTS NO. 1 & 2 ARE R/AT MAHADEVAPURA VILLAGE K.R. PURAM HOBLI NEAR OUTER RING ROAD BANGALORE - 560 048.
Digitally signed by NANDINI B G Location: High Court Of Karnataka
(BY SRI : SHREYASA G, ADVOCATE)
AND:
SMT. K. SHANTHI W/O KARPAGALLNGARH AGE: 61 YEARS R/AT NO.10, 24TH F CROSS MUNESHWARASWAMY LAYOUT EJIPURA BANGALORE - 560 047.
…APPELLANTS
…RESPONDENT
(BY SRI: JANARDHANA G, ADVOCATE)
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.1.2018 PASSED IN OS NO.9102/2014 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
RFA No. 399 of 2018
THIS R.F.A., COMING ON FOR FINAL HEARING THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal, as the same is settled out of Court.
The memo is placed on record.
The appeal is dismissed as withdrawn as settled out of
Court.
Smt.K Shanti, respondent is present before the Court and has filed a memo seeking return of original documents, which were produced before the Trial Court.
Office is directed to return the Trial Court records, forthwith. The respondent shall approach the Trial Court for the needful.
Sd/JUDGE
*bgn/-
1 provisions across 1 enactments
Smt. Papamma W/O Late V. Ramiah
Sri. Manjunath S/O Late V. Ramiah
Smt. K. Shanthi W/O Karpathingalhar
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
