Mr. Sardar Pasha vs Sri.A.Chandrashekar
2021 Latest Caselaw 1014 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 16TH DAY OF JANUARY, 2021

                       PRESENT

       THE HON'BLE MRS. JUSTICE S. SUJATHA

                           AND

         THE HON'BLE MR. JUSTICE M.I.ARUN

             RFA NO.1929 OF 2016 (PAR)

BETWEEN:

MR. SARDAR PASHA
S/O SYED AZEEZ PASHA
AGED ABOUT 57 YEARS
R/AT AHUJA PALACE, NO.96
FLAT NO.204, 2ND FLOOR
RICHMOND ROAD
BANGALORE - 560 025                    ... APPELLANT

(BY SRI. V.LAKSHMINARAYANA, SR. COUNSEL A/W
    SRI. MALLIKARJUNA REDDY K.S., ADV.)

AND:

SRI. A. CHANDRASHEKAR
S/O LATE R. ATCHAYARAM
AGED ABOUT 48 YEARS
R/AT NO.9 (OLD NO.10), P-STREET
LANGFORD CROSS ROAD
SHANTHINAGAR
BANGALORE - 560 027                  ... RESPONDENT

(BY SRI. K.S.BHEEMAIAH, ADV. )

     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
1908 AGAINST THE JUDGMENT AND DECREE DATED
30.08.2016 PASSED IN OS.NO.25278/2012 ON THE FILE OF
XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
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DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.

     THIS RFA COMING ON FOR ADMISSION, THIS DAY,
S.SUJATHA J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for the appellant has filed a memo

seeking leave of the Court to withdraw the appeal with

liberty to pursue his rights in final decree proceedings

placing reliance on the following judgments:

1. R.Gurubasaviah v. Rumale Karibasappa and others [AIR 1955 Mys 6]

2. Jadu Nath Ray v. Parameswar Mallik [1939 PC 255]

3. Sukh Dev v. Parsi Kanshi and Others [1940 PC 583]

4. Chander Bhan v. Jai Lal and Others [AIR 1964 P&H 435]

5. Phoolchand and another v. Gopal Lal [AIR 1967 SC 1470]

6. Laxmi and others v. A.Sankappa Alwa and others [AIR 1989 Ker 289]

7. T.Ravi and another v. B.Chinna Narasimha and Others [(2017)7 SCC 342]

8. T.Ramaswami Aiyar v. T.Subramania Aiyar and others [AIR 1923 Madras 147]

The memo is placed on record. Permission is

granted.

The appeal stands dismissed as withdrawn with

liberty as sought for.

Sd/-

JUDGE

Sd/-

JUDGE

hkh.