Appellants sought withdrawal of a regular first appeal against dismissal of their petition under Order XXI Rule 99 CPC, having filed a fresh suit (O.S.No.7541/2013) on the same subject. Court permitted withdrawal and granted liberty to pursue remedies in the pending suit.
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NC: 2024:KHC:43259 RFA No. 435 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 435 OF 2014 (RES-)
BETWEEN:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
ALL ARE R/AT NO.20, 2ND CROSS, NEW POTTEREY TOWN, BENSON TOWN POST, BANGALORE - 560 046.
…APPELLANTS
(BY SRI. PRASANNA B R., ADVOCATE)
AND:
…RESPONDENTS
(VIDE ORDER DATED 20.10.2022, R1 & R2 ARE CALLED OUT ABSENT)
THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE ORDERS DATED:16.12.2013 PASSED IN MISC. PETITION NO.81/2013 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, DISMISSING THE PETITION FIELD U/O-XXI, RULE-99, R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
NC: 2024:KHC:43259 RFA No. 435 of 2014
ORAL JUDGMENT
Learned counsel for the appellants filed memo for withdrawing the appeal on the ground that the appellant already filed a suit in O.S.No.7541/2013, which is pending before the Trial Court and is seeking liberty to work out remedy in the said suit.
The submission and the memo is placed on record.
The appeal is dismissed as withdrawn and liberty is
granted, as prayed for.
Sd/(K.NATARAJAN)
JUDGE
AKV
LIST NO.: 1 SL NO.: 41 CT:SK
2 provisions across 1 enactments
MR. Z. AMEENULLAH BAIG
MISS. Z. AMEENA BEGUM
MISS. Z. SUFIA BEGUM
MR. Z. MUEENULLAH BAIG
MRS. NAGEENA BEGUM
MR. AZAM S/O AZEEZ
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
