Smt. Umamaheswari vs Sri. Arun
2022 Latest Caselaw 33 Kant

                              1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 03RD DAY OF JANUARY, 2022

                        PRESENT

           THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

 THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

         REGULAR FIRST APPEAL NO.787/2019 (SP)

BETWEEN:

1.     SMT. UMAMAHESWARI,
       AGED ABOUT 49 YEARS,
       W/O T.N.SRIKANTASWAMY.

2.     S.SRIKANTH,
       AGED ABOUT 30 YEARS,
       S/O SRIKANTASWAMY

3.     SMT. SHRUTHI,
       AGED ABOUT 26 YEARS,
       D/O SRIKANTASWAMY

APPELLANT NO.1 TO 3 ARE
R/AT NO.309/A, BEHIND RMC,
BALAMURI GANESHA TEMPLE ROAD,
VIVEKANANDANAGAR,
T.NARASIPURA TOWN-571124.
                                         ... APPELLANTS

(BY SRI DEEPAK D.C, ADV.)

AND:

1.     SRI ARUN,
       S/O BYRASHETTY,
       AGED ABOUT 38 YEARS,
                            2


     R/AT NO.H-2, 4TH CROSS,
     SUGAR TOWN,
     MANDYA-571402.

2.   SRI T.N.SRIKANTASWAMY,
     S/O LATE NAGAPPA,
     AGED ABOUT 62 YEARS,
     R/AT HALE SOSALE VILLAGE,
     POST OFFICE HOUSE,
     T.NARASIPURA TALUK,
     MYSURU DIST-571124.
                                        ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 R/W ORDER XLI RULE (1) OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 03.10.2018 PASSED IN OS
NO.95/2012 ON THE FILE OF THE IV ADDL. CIVIL JUDGE
(SR.DN) MYSURU DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE OF CONTRACT.

     THIS REGULAR FIRST APPEAL COMING ON             FOR
ORDERS, THIS DAY, G.NARENDAR J, DELIVERED            THE
FOLLOWING:
                      JUDGMENT

Heard the learned counsel for the appellants.

Counsel for the appellants' submits that the appellants

are not interested in further prosecuting the appeal and

hence, they pray that the appeal be dismissed as settled

out of Court and the admissible Court fee be directed to

be refunded.

2. The submission of the learned counsel is

placed on record and memo is also taken on record.

3. The counsel for the appellants' further submits

that the appellants have also signed an affidavit in

support of the memo for withdrawal and the same is also

filed in the Registry.

4. Submission is taken on record.

The above appeal is dismissed as withdrawn. Office

to draw decree accordingly.

Office to look-in and refund the admissible Court

fee.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR