The High Court of Karnataka dismissed a regular first appeal filed under Section 96 of CPC, as withdrawn by the counsel for the appellant, with liberty to file appropriate proceedings.
Appeal dismissed as withdrawn with liberty to file appropriate proceedings to declare rights on the property.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 809 OF 2024
BETWEEN:
… APPELLANT
(BY SRI. UDITA RAMESH., ADVOCATE)
AND:
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
S P THOMAS
SINCE DEAD, REPRESENTED BY LEGAL REPRESENTATIVE,
16 PLAIN STREET, BENGALURU - 560 001.
15. BHAKTINATHAN
S/O LATE DAVIDAPPA, AGED ABOUT 53 YEARS,
RESPONDENT NO.6 TO 15 RESIDING CHALLAKERE VILLAGE (AMRUTH NAGAR VILLAGE) BENGALURU EAST TALUK KRISHNARAJAPURA HOBLI BANGALORE URBAN - 43.
16. GOVINDRAJ
S/O LATE ERAPPA, AGED ABOUT 48 YEARS, AT NO. 112, AMRUTH NAGAR (CHALLAKERE VILLAGE) KALYANANAGAR POST, BANGALORE - 43.
… RESPONDENTS
(BY SRI. RAKSHITH PAI., ADVOCATE FOR C/R1)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.12.2023 PASSED IN OS.NO.414/2009 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo dated 11.09.2024 for withdrawal. The memo reads as under:
NC: 2024:KHC:38198 RFA No. 809 of 2024
"The undersigned counsel for appellant herewith submits that this court may be pleased to dismiss the present appeal as withdrawn with liberty to file appropriate proceedings against the respondents to have appellants right on the property declared.”
as withdrawn.
Sd/(V SRISHANANDA) JUDGE
NP
1 provisions across 1 enactments
SRI K DAMODAR REDDY S/O LATE KRISHNA REDDY
BINU SAMUEL THOMAS
DR BINI GEORGE
ROY CHANDY THOMAS
SUNIL R DAVID
MS CATHERNAMMA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
