Sri M Ashwathnarayan vs J C Karaveerappa
2022 Latest Caselaw 5307 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 23RD DAY OF MARCH, 2022

                          BEFORE

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                R.F.A.NO.1150 OF 2018 (INJ)

BETWEEN:

SRI M ASHWATHNARAYAN
S/O T.MUNIRANGAIAH,
AGED ABOUT 64 YEARS,
R/AT NO.152/1, OLD MASJID ROAD,
T.DASARAHALLI, BANGALORE-560 057.

                                               ...APPELLANT

(BY SRI H.A.MANJUNATHA, ADVOCATE)

AND:

1. J C KARAVEERAPPA
S/O LATE CHANDRASHEKAR,
AGED ABOUT 46 YEARS,
R/AT NO.10, 2ND MAIN ROAD, CHOLARAPALYA,
MALLIGE THOTA, BENGALURU-560 027.

2. SRI.NAGARAJ
S/O APPAJIGOWDA, MAJOR,
NO.304, GRUHALAKSHMI APARTMENT,
S.M.ROAD, T.DASARAHALLI,
BENGALURU-560 015.

3. THE COMMISSIONER
BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, J.C.ROAD, BENGALURU-560 002.
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4. THE JOINT COMMISSIONER
BBMO, T.DASARAHALLI,
MEIU LAYOUT, HESARAGHATTA MAIN ROAD,
T.DASARAHALLI ZONE, BENGALURU-560 002.

5. SMT.GANGAMMA
W/O K.SRIPATHI,
R/AT NO.141, NELAGADARANAHALLI VILLAGE,
NAGASANDRA POST, BENGALURU-560 071.

                                             ...RESPONDENTS

(BY SRI.DEEPAK D C, ADVOCATE FOR R5;
SRI.AMIT DESHPANDE, ADVOCATE FOR R3;
R2 & R4 ARE SERVED)

      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE
1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
05.6.2018 PASSED IN O.S.9377/2007 ON THE FILE OF THE LII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND
DECLARATION AND POSSESSION.

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

                        JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

Memo is taken on record.

The appeal is dismissed as withdrawn.

The pending interlocutory applications, if any, do not

survive for consideration and stand disposed of accordingly.

Sd/-

JUDGE

CA