Sri. M. Shankar vs Sri. M. Purushotham
2022 Latest Caselaw 11413 Kant

                         -1-



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF AUGUST, 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

     REGULAR FIRST APPEAL NO.932 OF 2021

BETWEEN:

SRI M.SHANKAR
S/O.LATE MUNI KRISHNAIAH
@ MUNI KRISHNAPPA
AGED ABOUT 49 YEARS
RESIDING AT NO.38
RAMAKRISHNA MUTT LAYOUT
KEMPEGOWDA NAGAR
GAVIPURA, BENGALURU - 560 019          ... APPELLANT

(BY SRI V.B.SHIVA KUMAR, ADVOCATE)

AND:
1.     SRI M.PURUSHOTHAM
       S/O.LATE MUNI KRISHNAIAH
       @ MUNI KRISHNAPPA
       AGED ABOUT 36 YEARS
       RESIDING AT NO.38
       RAMAKRISHNA MUTT LAYOUT
       KEMPEGOWDA NAGAR
       GAVIPURA, BENGALURU - 560 019

2.     SMT.PADMA
       D/O.LATE MUNI KRISHNAIAH
       @ MUNI KRISHNAPPA
       AGED ABOUT 52 YEARS
       RESIDING AT NO.38
       RAMAKRISHNA MUTT LAYOUT
       KEMPEGOWDA NAGAR
       GAVIPURA, BENGALURU - 560 019

3.     SMT.MUNIRATHNA
       D/O.LATE MUNI KRISHNAIAH
                        -2-



     @ MUNI KRISHNAPPA
     AGED ABOUT 47 YEARS
     RESIDING AT NO.38
     RAMAKRISHNA MUTT LAYOUT
     KEMPEGOWDA NAGAR
     GAVIPURA, BENGALURU - 560 019

4.   SMT.DAKSHAYINI
     D/O.LATE MUNI KRISHNAIAH
     @ MUNI KRISHNAPPA
     AGED ABOUT 30 YEARS
     RESIDING AT NO.38
     RAMAKRISHNA MUTT LAYOUT
     KEMPEGOWDA NAGAR
     GAVIPURA, BENGALURU - 560 019

5.   SMT.LAKSHMAMMA
     W/O.LATE MUNI KRISHNAIAH
     @ MUNI KRISHNAPPA
     AGED ABOUT 59 YEARS
     RESIDING AT NO.38
     RAMAKRISHNA MUTT LAYOUT
     KEMPEGOWDA NAGAR
     GAVIPURA, BENGALURU - 560 019

6.   SRI DHARMARAJA
     S/O.LATE MUNI KRISHNAIAH
     @ MUNI KRISHNAPPA
     AGED ABOUT 38 YEARS
     RESIDING AT NO.38
     RAMAKRISHNA MUTT LAYOUT
     KEMPEGOWDA NAGAR
     GAVIPURA, BENGALURU - 560 019 ... RESPONDENTS
                        ---
     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96(1) OF THE CODE OF CIVIL PROCEDURE
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 31.08.2021 PASSED IN O.S.NO.347/2018 BY III
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH.25),
BENGALURU & ETC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                   -3-



                          JUDGMENT

Sri V.B.Shiva Kumar, learned counsel for appellant,

who is present before the Court physically, has filed a

memo for withdrawal of the appeal duly signed by the

appellant.

The memo for withdrawal dated 16.08.2022 reads as

under:

"The Appellant in the above case preferred the original suit in OS.No.347/2018 for seeking relief of Perpetual injunction and other Consequential relief, the court below dismissing the suit as against which the appellate preferred the present appeal challenging the judgment and decree now the 1st Respondent Come forward to settlement and also undertaking that after withdrawal of the above said appeal, they have executed the gift deed in favor of the appellant, hence I Prays that this Hon'ble court may be Please to withdraw the above appeal as not in the interest of justice and equity.

Sd/-

APPELLANT (M Shankar)

Sd/-

Date: 16-8-2022 Advocate for Appellant (V B SHIVAKUMAR)"

The memo is placed on record and in view of the

same, the appeal is dismissed as withdrawn.

Pending interlocutory application does not survive for

consideration and the same stands consigned to records.

Sd/-

JUDGE

LB