Smt Varasatya Kumari vs Smt Usha Shashidhara
2022 Latest Caselaw 7395 Kant

                             1



  IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 24TH DAY OF MAY, 2022

                         BEFORE

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

              R.F.A.NO.2188 OF 2018 (DEC)
BETWEEN

SMT. VARASATYA KUMARI
W/O LATE K.B. R. PRASAD,
AGED ABOUT 64 YEARS,
NO.28, GROUND FLOOR-I,
SRI KRISHNA RESIDENCY,
M N K RAO ROAD, LALBAGH WEST GATE,
BANGALORE - 560 004.
DULY REPRESENTED BY HER GPA HOLDER.
SRI. K. SUDHAKAR.
                                            ...APPELLANT
(BY SRI. SAKET BISANI, ADVOCATE)

AND

1. SMT. USHA SHASHIDHARA
   W/O LATE K.G. SHASHIDHARA,
   AGED ABOUT 59 YEARS,
   NO.35, NEW NO.89, H. SIDDAIAH ROAD,
   BANGALORE-560 002.

2. SRI. K.S. NAGDEEPAK
   S/O LATE K.G. SHASHIDHARA,
   AGED ABOUT 35 YEARS,
   NO.35, NEW NO.89, H. SIDDAIAH ROAD,
   BANGALORE-560 002.

3. M/S JPC INGRASTRUCTURE
   NO.7, 1ST FLOOR, DIAGONAL ROAD,
   SAJJAN RAO CIRCLE, V.V. PURAM,
   BANGALORE-560 004.
   DULY REPRESENTED BY ITS PROPRIETOR,
                                 2



   SRI. J. SATHYANARAYANA,
   AGED ABOUT 41 YEARS.

4. SRI. K. GANESH
   S/O SRI KESHAV PAI,
   LAXMI NIVAS, 112/12A,
   SATHYANARAYANA NAGARA,
   MARKET ROAD, KARKALA,
   UDUPI - 574 104.

5. M/S. CANARA BANK,
   RETAIL ASSETS HUB,
   BASAVANAGUDI,
   BANGALORE-560 004.
   REPRESENTED BY ITS
   ASSISTANT GENERAL MANAGER (AGM).
                                                  ...RESPONDENTS

       THIS APPEAL IS FILED UNDER SECTION 115 OF CPC.,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
28.05.2018 IN O.S.NO.26102/2014 PASSED BY THE COURT OF THE
XXVIII ADDL. CITY CIVIL JUDGE AT MAYO HALL UNIT (CCH-29),
BANGALORE AND ETC.

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

                            JUDGMENT

After arguing the matter for sometime, learned counsel

for the appellant seeks permission to withdraw the appeal with

liberty to prefer a fresh Writ Petition / Civil Revision Petition as

the case may be.

2. The said submission is placed on record.

3. Accordingly, the appeal is disposed of as

withdrawn reserving liberty to prefer a fresh Writ Petition/Civil

Revision Petition.

All contentions urged by the appellant in the appeal are

kept open and no opinion is expressed on the same.

SD/-

JUDGE

BMC