Dr R Manjula vs Sri Muthuraya H
2022 Latest Caselaw 7310 Kant

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 23RD DAY OF MAY, 2022

                           BEFORE

    THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

             R.F.A.NO.253 OF 2018 (PAR / INJ.)
BETWEEN

DR. R. MANJULA
W/O RAMESH B.,
AGED ABOUT 44 YEARS
R/AT NO.966, 10TH 'B' MAIN ROAD
4TH 'E' BLOCK, RAJAJINAGAR
BENGALURU-560 010
REP. BY GPA HOLDER
SRI. RAMESH B.
S/O.BOREGOWDA
AGED ABOUT 51 YEARS
R/AT NO.966, 10TH 'B' MAIN ROAD
4TH 'E' BLOCK, RAJAJINAGAR
BANGALORE-560 010
                                             ...APPELLANT
(BY SRI.A.V.NISHANTH, ADVOCATE)

AND

SRI. MUTHURAYA H.,
S/O HANUMANTHAPPA
AGED MAJOR
R/A HANUMANTHA NAGAR
V.N. POST, MAGADI MAIN ROAD
SUNKADAKATTE
BENGALURU-560 091
                                           ...RESPONDENT

(RESPONDENT SERVED)

      THIS APPEAL IS FILED UNDER ORDER XLI RULE 1 AND 2
R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE
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DATED 16.12.2017 PASSED IN O.S.NO.4690/2016 ON THE FILE OF
THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65)
BANGALORE CITY, DISMISSING THE SUIT FOR PERPETUAL
INJUNCTION AND ETC.

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

                          JUDGMENT

Learned counsel for the appellant's has filed a memo

submitting that the appeal has become infructuous. The said

memo reads as under:

"The appellant above named most humbly and respectfully submits as hereunder:

1. It is submitted that, the appellant had filed a suit bearing O.S.No.3796/2018 on the file of VII Additional City Civil and Sessions Judge (CCH-19) at Bengaluru on 30.5.2018 and had sought for a declaration that the Release Deed dated 31.3.2016 executed in the favour of Mr. Muthuraya H. (Respondent herein) as null and void and also had sought for the relief that the defendant had to hand over the possession of the property. The said suit came to be compromised between the plaintiff and defendants therein who are the appellant and respondent in the above appeal.

Copy of the Compromise Petition filed before the VII Additional City Civil and Sessions Judge (CCH-19) at Bengaluru dated 10.1.2019 is enclosed for the kind perusal of this Hon'ble Court.

2. Pursuant to the said compromise, the learned trial Judge in O.S.No.3796/2018 has decreed the suit in terms of Compromise Petition. Copy of the Decree is enclosed herewith for the kind perusal of this Hon'ble Court.

3. It is submitted that, in view of the Compromise Decree in O.S.No.3796/2018, the present appeal has become infructuous and does not survive for consideration.

Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to dispose off the present Appeal as having become infructuous in view of the decree in O.S.No.3796/2018 dated 10.1.2019, in the interest of justice and equity."

2. The said Memo along with enclosures are placed

on record.

3. Accordingly, appeal is dismissed as having

become infructuous.

SD/-

JUDGE

SV