Karnataka High Court
Sri. Jyhothikumar vs Sri. H. N. Raghu on 20 November, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:47196-DB
RFA No. 1428 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 1428 OF 2023 (SP)
BETWEEN:
SRI. JYHOTHIKUMAR
S/O SHIVANNA
AGED ABOUT 52 YEARS
R/AT BANNIKUPPE VILLAGE,
KASABA HOBLI,
HUNSUR TALUK - 571 105.
...APPELLANT
(BY SRI. B.S NAGARAJ, ADVOCATE)
AND:
Digitally signed by
HARIKRISHNA V SRI. H. N. RAGHU
Location: HIGH S/O. H.A NAGENDRA
COURT OF AGED ABOUT 32 YEARS
KARNATAKA
R/AT 1351, 1ST DIVISION, JLB,
ROAD, HUNSUR TOWN-571 105.
...RESPONDENT
(BY SRI. MOHANA CHANDRA P, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN
OS NO.72/2021 ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, HUNSUR DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE OF AGREEMENT.
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NC: 2024:KHC:47196-DB
RFA No. 1428 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the Court of Principal Senior Civil Judge and JMFC, Hunsur in O.S.No.72/2021 dated 19.04.2023, urging various grounds.
2. Learned counsel Sri B.S.Nagaraj, for the appellant is present before Court physically and seeks permission to withdraw the appeal. He has also filed a memo dated 06.02.2024 seeking for withdrawal of the appeal.
3. The memo is taken on record.
4. Keeping in view the submission of the learned counsel for the appellant and in view of the memo filed by the learned counsel, it is deemed appropriate to permit the appellant to withdraw the appeal as sought for. The office is -3- NC: 2024:KHC:47196-DB RFA No. 1428 of 2023 directed to return the Court fee paid in the aforesaid appeal on due identification.
Accordingly, the appeal is dismissed as withdrawn.
Sd/-
(K.SOMASHEKAR) JUDGE Sd/-
(RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 16