Late Sri. Manchashetty vs Sri.Chinmayanandababu
2022 Latest Caselaw 953 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 20TH DAY OF JANUARY, 2022

                           PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                             AND

            THE HON'BLE MR. JUSTICE M.G.S. KAMAL

           REGULAR FIRST APPEAL NO.1420/2016 (SP)

BETWEEN:

LATE SRI. MANCHASHETTY
DIED ON 16.07.1976 BY LR'S

1a.    SMT. SHIVAMMA,
       W/O VISHAKANTA,
       D/O LATE SRI. MANCHASHETTY,
       AGED ABOUT 46 YEARS,
       NO.196, HINAKAL, MYSURU.

1b.    SMT. GEETHA,
       W/O N RAJAN,
       D/O LATE SRI. MANCHASHETTY,
       AGED ABOUT 43 YEARS,
       NO.25/1, MEDAR BLOCK,
       BAMBOOBAZAR, MYSURU.
                                            ... APPELLANTS

(BY SRI SAMPATH BAPAT, ADV.)

AND:

1.     SRI CHINMAYANANDABABU,
       S/O BOREGOWDA,
       AGED ABOUT 92 YEARS,
       R/O AT NO.18, 4TH MAIN, 3RD CROSS,
       V.V MOHALLA, MYSURU-570 002.
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2.   SRI. DEVARAJ,
     S/O LATE KRISHNAPPA,
     AGED ABOUT 48 YEARS,
     R/O AT 2588/2, 2ND CROSS,
     KALIDASA ROAD, V.V MOHALLA,
     MYSURU-570002.
                                           ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96, ORDER 41 RULE 1 TO 5 OF CPC., AGAINST THE JUDGMENT
AN DECREE DATED 28.08.2013 PASSED IN OS NO.193/2013 ON
THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, MYSORE,
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

     THIS REGULAR FIRST APPEAL COMING ON FOR HEARING
ON INTERLOCUTORY APPLICATION THIS DAY, G.NARENDAR J,
DELIVERED THE FOLLOWING:

                        JUDGMENT

Heard the learned counsel for the appellants.

A memo is preferred praying to withdraw the appeal.

It is submitted that the counsel has been instructed to

withdraw the appeal and the memo signed by the appellants

along with the counsel will be produced during the course of

the day.

Memo for withdrawal is signed by learned counsel for

the appellants.

Submission of learned counsel is placed on record.

Memo is also taken on record.

Accordingly, the appeal is dismissed as withdrawn.

Pending interlocutory applications do not survive for

consideration. Hence, disposed of.

Office to refund the admissible Court Fee.

Sd/-

JUDGE

Sd/-

JUDGE

dn/-

CT-HR