Sri K K Gangadhar Gowda vs M/S Sri S K Manikyam Charitable ...
2022 Latest Caselaw 11190 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF JULY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

     REGULAR FIRST APPEAL NO.1676 OF 2017 (RES)

BETWEEN:

SRI K K GANGADHAR GOWDA
S/O KRISHNEGOWDA,
AGED ABOUT 42 YEARS
R/AT SHOP NO.6, GROUND FLOOR,
SITUATED AT SITE NO.1
1ST MAIN ROAD, N.R.COLONY,
BANGALORE-560019
                                            ...APPELLANT
(BY SRI RAHUL.P, ADVOCATE)

AND:

1.     M/S. SRI S K MANIKYAM CHARITABLE TRUST
       REP BY ITS VICE PRESIDENT,
       S.G. BILIGIRI
       R/AT 15/3, 7TH CROSS, 3RD MAIN,
       HANUMANTHANAGARA,
       BANGALORE-560019

2.     SMT. SUDHA
       W/O LATE SETHU MADHAVA RAO,
       NO.490, II CROSS, MUKTHI PATHA,
       BHS LAYOUT, VISHNUVARDHAN ROAD,
       BANGALORE-61
                                         .....RESPONDENTS
                               2


     THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
RULE 1 R/W SEC.96 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 23.01.2017 PASSED IN O.S.NO.5096/2015 ON
THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR
EJECTMENT.


     THIS    REGULAR    FIRST      APPEAL    COMING   ON   FOR
ADMISSION    THIS     DAY,   THE     COURT    DELIVERED    THE
FOLLOWING:

                        JUDGMENT

Memo is filed. Memo reads as under:

"MEMO FOR WITHDRAWAL

The appellant in the above seeks leave of this Court to withdraw the above appeal as the appeal is having been infructuous, as the respondents had filed suit for ejectment in OS 5096/2015 and the same came to be decreed, against which the appellant preferred this appeal, the appellant being the tenant of the suit schedule property has already vacated and handed over the possession of the property, hence, the appellant humbly prays that this hon'ble court may kindly permit the appellant to withdraw the above appeal in the interest of justice and equity."

2. In view of the memo, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

mv