Appeal under Order 43 Rule 1(r) CPC against an interim injunction order in O.S. No.199/2023 restraining further construction. Counsel for the appellant filed a memo seeking withdrawal, stating the trial court had already passed an order on I.A.No.2 making the appeal infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7717 OF 2023 (CPC)
BETWEEN:
SRI. R. SHIVAKUMAR S/O LATE S. RAMACHANDRACHAR, AGED ABOUT 35 YEARS, R/AT NO.262, 2ND CROSS ROAD, 2ND MAIN ROAD, SHIVANAGAR, BENGALURU-560 010
…APPELLANT
(BY SRI. MANJUNATH H., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AGED ABOUT 62 YEARS,
SL. NO.1 TO 6 ARE R/AT NO.153, 2ND BLOCK, JUGANAHALLI, RAJAJINAGAR, BENGALURU-560 010
…RESPONDENTS
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 31.03.2023 IN O.S. NO.199/2023 FILED BY THE APPEALLANT AGAINST THE RESPONDENT NO.9 RESTRAINING HIM, HIS AGENTS, HIS SUCCESSORS, AGENTS AND ALL OTHERS CLAIMING THROUGH HIM FROM PUTTING UP FURTHER CONSTRUCTION ON THE SUIT SCHEDULE PROPERTY PENDING DISPOSAL OF THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
NC: 2024:KHC:37244 MFA No. 7717 of 2023
ORAL JUDGMENT
A memo is filed by the learned counsel for the appellant
seeking withdrawal of the appeal. It is stated that the trial Court has already passed an order on I.A.No.2 and the appeal has become infructuous.
The memo is taken on record.
Accordingly, the appeal is dismissed as withdrawn .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.: 17
1 provisions across 1 enactments
Sri. R. Shivakumar
Smt. Lakshmamma
Smt. Mutharayamma
Smt. Mutha Hanumakka
Smt. Puttamma
Smt. Muninarasamma
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
