Smt. Puttamma vs Sri. Nagaraj. R
2022 Latest Caselaw 8763 Kant

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 14TH DAY OF JUNE, 2022

                       BEFORE

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

               RFA NO.362/2017 (INJ)

BETWEEN:

SMT. PUTTAMMA
W/O OF LATE SRI GANGAIAH
AGED ABOUT 73 YEARS
R/AT SOUTHERN PORTION OF
SITE NO.7 (SY.NO.53/3-B)
MAHABOOB SAB PALYA
JARAAKABANDE
KAVAL-560 097
YELAHANKA HOBLI
BANGALORE NORTH TALUK
SINCE DEAD BY HER LRs.

  (a)    SMT. K.G.LATHA
         D/O LATE GANGAIAH
         W/O SHANKARE GOWDA
         AGED ABOUT 57 YEARS
         R/AT NO.102, AANASOSALU
         MANDYA KASABA
         MANDYA - 571 446

  (b)    SMT. K.G.SHANTHA
         D/O LATE GANGAIAH
         W/O B.N.KUMAR
         AGED ABOUT 55 YEARS
         R/AT NO.33, ATTILAKKAMMA NILAYA
         2ND CROSS, 5TH MAIN
         NEW BEL ROAD
         RMV 2ND STAGE
         BENGALURU - 560 094
                               2


  (c)   K.G.VENKATESH KUMAR
        S/O LATE GANGIAH
        AGED ABOUT 52 YEARS
        R/AT NO.17, G.P.COMPLEX
        I.S.R.O. MAIN ROAD
        NEW BEL ROAD, RMV 2ND STAGE
        BENGALURU - 560 094

  (d)   K.G.AMITHKIRAN KUMAR
        S/O LATE GANGAIAH
        AGED ABOUT 46 YEARS
        R/AT NO.23, 10TH CROSS
        8TH MAIN, JAYANAGAR 2ND BLOCK
        BENGALURU - 560 011              ... APPELLANTS

(BY SRI R.SHIVACHANDRA NAIK, ADV.)

AND:

1. SRI NAGARAJ R.
   S/O RAMANNA
   AGED ABOUT 53 YEARS
   R/AT BO.606, 11TH CROSS
   6TH MAIN, VYALIKAVAL
   SWIMMING POOL EXTENSION
   BENGALURU-560 003

2. SMT. GEETHA
   W/O NAGARAJ R.
   AGED ABOUT 47 YEARS
   R/AT NO.9, 3RD MAIN ROAD
   JALADHARSHINI LAYOUT
   RMV 2ND STAGE
   BENGALURU - 560 094                  ... RESPONDENTS

(BY SRI. A.Y.N.GUPTA, ADV. FOR C/R1;
    SMT. T.G.SHWETHA, ADV. FOR R2)

      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE
IN O.S.NO.3025/2010 DATED 30.01.2017 ON THE FILE OF THE
XXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
                              3


CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION
AND POSSESSION.

     THIS RFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants has filed a memo

dated 14.06.2022 with a prayer to dismiss the appeal as

withdrawn.

The memo is taken on record.

The appeal is accordingly dismissed as withdrawn.

Pending I.As. also stand dismissed.

At the request of the learned counsel for the

appellants, office is directed to return original documents

produced herein upon obtaining photocopies of the same

after due verification.

Sd/-

JUDGE

hkh.