Sri M Jaikumar S/O Late C ... vs Smt R Nalina
2022 Latest Caselaw 637 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2022

                       PRESENT

        THE HON' BLE MR. JUSTICE G. NARENDAR

                         AND

THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR

              R.F.A. No.1458 OF 2011(SP)

BETWEEN:

SRI M JAIKUMAR
S/O LATE C MUNIVENKATAIAH
AGED ABOUT 49 YEARS
RESIDING AT 'JAIRAJ FARM'
CHIKKANAHALLI POST
TAVAREKERE HOBLI
BANGALORE SOUTH TALUK
BANGALORE.
                                     ... APPELLANT

(BY SRI DAYANANDA S PATIL, ADV.)


AND:

  1. SMT. R NALINA
     D/O SRI M RANGASHAMAIAH
     AGED ABOUT 43 YEARS

  2. SMT. R HEMALATHA
     D/O SRI M RANGASHAMAIAH
     AGED ABOUT 40 YEARS
                          2

  3. SMT. R KALPANA
     D/O SRI M RANGASHAMAIAH
     AGED ABOUT 37 YEARS

  4. SMT. R SHOBHA
     D/O SRI M RANGASHAMAIAH
     AGED ABOUT 31 YEARS

     ALL REPRESENTED BY THEIR FATHER &
     GENERAL POWER OF ATTORNEY HOLDER
     SRI RANGASHAMAIAH AND
     ALL ARE RESIDING AT:
     NO.209/Y, 13TH MAIN ROAD
     III BLOCK, RAJAJINAGAR
     BANGALORE-560 010.
                                ... RESPONDENTS

(BY SRI MANJUNATH M HEGDE, ADV. FOR
 SRI T SESHAGIRI RAO, ADV. FOR R1-4)

                     ++++++

     THIS RFA FILED U/S 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 07.06.2011 PASSED IN
O.S.17270/2004 ON THE FILE OF THE XXVIII- ADDL. CITY
CIVIL JUDGE, MAYO HALL, BANGALORE, DISMISSING THE
SUIT FOR THE SPECIFIC PERFORMANCE.


     THIS RFA COMING ON FOR HEARING THIS DAY
THROUGH    VIDEO   CONFERENCE,    G.NARENDAR      J,
DELIVERED THE FOLLOWING:
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                       JUDGMENT

Heard the learned counsel for the appellant and

respondents.

2. It is submitted that learned counsel for the parties

have decided to settle the dispute amongst themselves out

of the Court and the appellant does not desire to prosecute

the appeal. Hence, he may be permitted to withdraw the

appeal.

3. Memo for withdrawal is signed by the appellant and

countersigned by the learned counsel for the appellant.

4. The memo is taken on record.

5. Learned counsel for the respondents submits that

the has no instructions as to whether the parties have

decided to amicably the settle the matter.

6. Be that as it may, in view of the memo filed and

taking note of the submission of the learned counsel for

the appellant, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

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