Sri S Shankar Sulegai vs Sri A K Murthy
2022 Latest Caselaw 5600 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH DAY OF MARCH, 2022

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

      REGULAR FIRST APPEAL NO.1106 OF 2013(RES)

BETWEEN:

SRI S SHANKAR SULEGAI
S/O LATE SRI CHINNAPPA @ SONUSA
AGED ABOUT 55 YEARS
R/A NO. 158, A S NAGAR
AMARAJDYOTHI GARDEN
KANGAYAM ROAD, TIRUPUR (T N).

                                       ...APPELLANT

(BY SRI. R B SADASHIVAPPA, ADV. )

AND

SRI A K MURTHY
S/O SRI ARUMUGAM
AGED ABOUT 50 YEARS
R/A NO. 7/6, 5TH CROSS
MAGADI ROAD (RIGHT SIDE)
BANGALORE-560023

                                     ....RESPONDENT

(NOTICE TO RESPONDENT IS H/S
 V/O DATED: 04.11.2019)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGEMENT AND DECREE DT 5.4.13
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PASSED IN O.S.1669/2007 ON THE                FILE OF III
ADDITIONAL   CITY   CIVIL  JUDGE,              BANGALORE,
DISMISSING THE SUIT FILED FOR                 POSSESSION,
RECOVERY AND CLAIMING DAMAGES.

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

                       JUDGMENT

Learned counsel appearing for the appellant has filed

a memo seeking withdrawal of the appeal.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

At this juncture, learned counsel appearing for the

appellant submits that the appellant is entitled for refund

of court fee.

If an application is filed for refund of court fee,

registry is directed to examine whether the appellant is

entitled for refund of court fee and if entitled, registry to

refund the same to the appellant.

Sd/-

JUDGE

DM