Regular first appeal against a decree dismissing a suit for permanent injunction was withdrawn by appellant's memo seeking liberty to file a fresh suit for declaration challenging a 1991 sale deed; appeal dismissed as withdrawn with that liberty granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 988 OF 2023 (INJ)
BETWEEN:
…APPELLANT
(BY SRI BHADRINATH R, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI VENKATESH R BHAGAT, ADVOCATE FOR R1)
NC: 2024:KHC:37419 RFA No. 988 of 2023
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.03.2023 PASSED IN O.S.NO.1324/2016 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
After hearing for some time. Learned counsel for the
appellant has filed Memo. Memo reads as under:
“The appellant prays that this Hon’ble Court be pleased withdraw with undertaking to file a suit for declaration to question the sale deed dated 31.07.1991 in the interest of justice and equity.”
In view of the memo, appeal is dismissed as withdrawn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.: 47
1 issue framed by the court
Should the appeal be dismissed as withdrawn on the appellant's memo seeking liberty to file a fresh suit for declaration questioning the sale deed?
2 provisions across 2 enactments
Sri. M Narayanaswamy
Sri. Prasanna K Satpathy
Sri Naveen Kumar
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
