Sri. Keshava Murthy vs Smt. R Savithri
2021 Latest Caselaw 5876 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF DECEMBER, 2021

                           BEFORE

     THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                  R.F.A.No.395 OF 2020

BETWEEN:


1.     SRI. KESHAVA MURTHY
       AGED ABOUT 43 YEARS,
       S/O CHANNAVEERAPPA

2.     SMT RATNA
       AGED ABOUT 38 YEARS,
       W/O KESHAVAMURTHY

BOTH ARE RESIDING AT NO.39
P.N.T. LAYOUT,
SONNATHAMMANAHALLI
TC PALYA HOBLI
KR PURAM ROAD
BENGALURU EAST TALUK
BENGALURU-560036
                                         ...APPELLANTS
(BY SRI. M.PRABHAKAR, ADVOCATE)

AND:


1 . SMT. R SAVITHRI
    AGED ABOUT 77 YEARS
    W/O B NARASIMHA
    R/O NO.60 11TH MAIN,
    30TH CROSS
    2ND STAGE BSK
    BENGALURU-560070
                                       R.F.A.No.395/2020

                            2



2 . SRI N S NAGARAJ
    AGED ABOUT 53 YEARS,
    S/O B NARASIMHA
    R/O NO.60,
    11TH MAIN,
    30TH CROSS,
    2ND STAGE
    BSK BENGALURU-560070
3 . SMT N S NAGALAKSHMI
    AGED ABOUT 58 YEARS,
    D/O B NARASIMHA
    R/O NO.60, 11TH MAIN,
    30TH CROSS,
    2ND STAGE
    BSK BENGALURU-560070
4 . SRI G VENKATESH
    AGED ABOUT 44 YEARS,
    S/O GURUSWAMY
    NO.212
    BOVI COLONY
    RAMAMURTHY ANGAR
    BENGALURU-560036

                                ...RESPONDENTS

     THIS R.F.A. IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE,
1908, AGAINST THE JUDGMENT AND DECREE DATED 25.10.2019
PASSED IN O.S.NO.8777/2011 ON THE FILE OF THE XXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
PARTLY DECREEING THE SUIT FOR DECLARATION, POSSESSION
AND PERMANENT INJUNCTION AND DAMAGES.

    THIS R.F.A. COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                               R.F.A.No.395/2020

                               3




                             ORDER

Learned counsel for appellants who is physically present

files a memo for withdrawal of the appeal stating that the

purpose of filing the appeal has become infructuous.

In the light of the memo and supporting submission of the

learned counsel for appellants, the appeal stands dismissed as

not pressed.

Refund of the court fee to be considered by the registry in

accordance with law.

In view of disposal of the appeal, I.A.1/2020 does not

survive for consideration.

Sd/-

JUDGE

SBN