Regular first appeal against a decree of permanent injunction. Counsel for the appellant filed a memo seeking withdrawal with liberty to file a fresh suit for declaration and possession; the appeal was dismissed as withdrawn with that liberty.
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NC: 2024:KHC:35774 RFA No. 1934 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.1934 OF 2019 (INJ)
BETWEEN:
SRI MOHAN KUAMR S/O MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT No.2558/A, 16TH "B" MAIN, KODIHALLI, HAL 2ND STAGE, BENGALURU-560 008
ALSO AT SRI ADHITHYA ENTERPRISES, No.1, 4TH MAIN ROAD, SUMANGAI SEVA ASHARAMA ROAD, ANANDAGIRI EXTENSION, HEBBAL, BANGALORE-560024
…APPELLANT
(BY SRI R SHASHI KUMAR, ADVOCATE)
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:35774 RFA No. 1934 of 2019
MALLESHWARAM, BANGALORE-560 003
…RESPONDENTS
(BY SRI RAVINDRANATH.K, ADVOCATE FOR R1 AND R2)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.12.2018 PASSED IN O.S.No.5620/2013 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant has filed a Memo.
Memo reads as under:
“ The undersigned counsel for the appellant submits that, the appellant has preferred present appeal being aggrieved by the Judgment and Decree dated 04.12.2018 passed in O.S.No.5620/2013 passed by the Hon'ble XXII Addl. City Civil and Session Judge, (CCH-7) Bengaluru filed by the respondent for relief of Permanent injunction, therefore the appellant prays this Hon'ble court may be please to "reserve liberty to appellant or successor in interest of the appellant to file suit for declaration and consequential relief of possession" and present appeal may dismissed as withdrawn, in the interest of justice and equity.”
NC: 2024:KHC:35774 RFA No. 1934 of 2019
In view of the memo, appeal is dismissed as withdrawn with liberty as prayed for.
Sd/(V SRISHANANDA)
JUDGE
MR
List No.: 1 Sl No.: 49
1 provisions across 1 enactments
SRI MOHAN KUAMR S/O MUNIYAPPA
SRI P K ASHER S/O LATE PRATPASINH KARSONDAS ASHER
SMT SUSHILA P. ASHER W/O SRI P K ASHAR
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
