Sri Raj Perumal vs Ramesh C R
2022 Latest Caselaw 7222 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 05TH DAY OF MAY, 2022

                         BEFORE

          THE HON'BLE MR.JUSTICE E.S.INDIRESH

 Miscellaneous First Appeal No.3579 OF 2022 (CPC)

BETWEEN:

SRI RAJ PERUMAL
S/O PACHIYAPPAN,
AGED ABOUT 57 YEARS,
R/AT NO.87, 16TH MAIN,
18TH CROSS, MRCR LAYOUT,
VIJAYANAGARA,
BENGALURU - 560 040.                         ...APPELLANT

(BY SRI DANAPPA PRADHANAPPA PANIBHATE, ADVOCATE)

AND:

RAMESH C. R.
S/O SHANTHA,
AGED ABOUT 70 YEARS,
R/AT NO.5, 8TH CROSS,
1ST MAIN, PRASHANTHANAGAR,
BENGALURU - 560 079.                         ...RESPONDENT

       THIS MFA FILED U/O 41 RULE 3 OF CPC, AGAINST THE
ORDER     DATED   01.04.2022   PASSED   ON    I.A.NO.1   IN
O.S.NO.5972/2020 ON THE FILE OF THE LXIXI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-45),
ALLOWING I.A.FILED U/S 151 OF CPC.


       THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
                                   2



                            JUDGMENT

Learned counsel appearing for the appellant seeks

leave of the Court to withdraw the appeal with permission

to file a Writ Petition against the impugned order in this

appeal.

2. Submission of the learned counsel for the

appellant is accepted.

3. Learned counsel for the appellant is permitted

to withdraw the appeal and permitted to file a Writ Petition.

The period spent before this Court in the appeal is

condoned.

Registry is directed to return the certified copy of the

impugned order dated 01.04.2022 passed by the LXIX

Additional City Civil and Sessions Judge (CCH-45),

Bengaluru in O.S.No.5972 of 2020 on I.A.No.1.

Sd/-

JUDGE

DH