Appeal against an ex-parte interim injunction order was withdrawn by memo since the trial court had heard the matter and reserved it for orders. The appeal was dismissed as withdrawn.
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NC: 2024:KHC:35688 MFA No. 6848 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6848 OF 2023 (CPC)
BETWEEN:
MR.K.RAHMAN KHAN AGED ABOUT 83 YEARS, S/O LATE MR.K.KHASIM KHAN, NO.200/C, 7TH MAIN, 3RD BLOCK, JAYANAGAR, BENGALURU - 560 011.
…APPELLANT
(BY MS.PREKSHA SHETTY, ADVOCATE FOR SRI. DWARAKANATH H.S., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND AT AL-BARKA, GOLDEN ENCLAVE, OLD AIRPORT ROAD, BENGALURU-560 017
AL-AMEEN CHARITABLE FUND TRUST, NO.3, MILLER TANK BUND ROAD, OFF. CUNNINGHAM ROAD, BANGALORE-560 052
BENGALURU-560 011
…RESPONDENTS
(BY SRI.SHIVABHUSHAN HATTI, ADVOCATE FOR C/R-1)
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED: 27.06.2023 PASSED ON IA NOS.1 AND 2 IN O.S.NO.3944/2023 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-2) UNDER ORDER 39 RULE 1 & 2 OF CPC.
THIS APPEAL, COMING ON FOR ‘DISMISSAL’, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
A memo for withdrawal is filed stating that appellant had preferred this appeal against the ex-parte order of injunction passed in I.A.No.1. However, the trial Court has heard the matter and reserved it for orders. Thereafter, due to transfer of presiding officer, the matter is listed for further hearing on 13.09.2024. Hence, in view of these circumstances, the appellant want to withdraw this appeal.
NC: 2024:KHC:35688 MFA No. 6848 of 2023
The memo is taken on record and the appeal is
dismissed as withdrawn .
All I.As. in the appeal shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
MEG List No.: 3 Sl No.: 4
2 provisions across 1 enactments
Mr. K. Rahman Khan
Mr. Yunus Zia
Al-Ameen Charitable Fund Trust
Mr. Ziaulla Sheriff
Mrs. Sayeeda Hina Ahmed
Dr. Masood Ali Khan
Lalitha Kanneganti
As recorded by the court registry
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