M C Ramamani D/O Narasimha Iyengar vs A S Chinnaswamy Raju
2022 Latest Caselaw 836 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF JANUARY, 2022

                      BEFORE

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

            R.F.A. NO.1306 OF 2008 (DEC)

BETWEEN:

M.C.RAMAMANI
D/O NARASIMHA IYENGAR
NO.321, 2ND STAGE
RAJAJINAGAR, BANGALORE
SINCE DECEASED
REP. BY HER LR
M.C.VIJAYAKALA
W/O M.C.KRISHNA
AGED ABOUT 52 YEARS
232/11, TANK 'B' MAIN ROAD
SUBRAMANYA NAGAR, BANGALORE            ... APPELLANT

(BY SRI.L.SREEKANTA RAO, ADV. AND
    SRI. S.VIDYA RAO, ADV.)

AND:

1.     A.S.CHINNASWAMY RAJU
       S/O AKKALARAJU
       AGED ABOUT 77 YEARS
       294, PALACE ORCHARDS
       BANGALORE

2.     THE BANGALORE DEVELOPMENT
       AUTHORITY, KUMARA PARK WEST
       BANGALORE
                              2



3.   K.SAVITHRI
     D/O CHANGANA RAJU
     AGED ABOUT 58 YEARS, 1ST CROSS
     KODANDARAMAPURAM
     BANGALORE                      ... RESPONDENTS

(BY SRI.V.RAMESH BABU ADV. FOR R1;
    VIDE ORDER DATED 24.02.2009
    NOTICE TO R2 AND R3 DISPENSED WITH
    VIDE ORDER DATED 15.11.2021
    APPEAL ABATED AGAINST R1)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 11.06.2008
PASSED IN OS.NO.1102/1994 ON THE FILE OF THE IX
ADDITIONAL     CITY CIVIL AND   SESSIONS   JUDGE
BANGALORE CCH.NO.10 PARTLY DECREEING THE SUIT
FOR   DECLARATION    AND  POSSESSION   AND   THE
APPELLANT HEREIN PRAYS TO SET ASIDE THE FINDINGS
OF THE TRIAL COURT ON ISSUE NO.6 WITH REGARD TO
DAMAGES AND PRAYS TO AWARD DAMAGES OF
RS.1,00,000/-.

    THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel for the appellant has filed a memo

dated 23.11.2021 with a prayer to withdraw the appeal

and also sought for refund the Court fee.

Memo is placed on record.

Accordingly, appeal is dismissed as withdrawn.

Office to verify and refund the Court Fee if appellant is so

entitled and is directed to send back the trial Court records

to the trial Court.

Sd/-

JUDGE

MH/-