Sri Subramanya Ithal vs Sri R A Basavaraj
2022 Latest Caselaw 7620 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 27TH DAY OF MAY, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                             AND

             THE HON'BLE MR. JUSTICE P.N.DESAI

            REGULAR FIRST APPEAL NO.1643/2019


BETWEEN:

SRI SUBRAMANYA ITHAL,
S/O SADASHIVA ITHAL,
AGED ABOUT 48 YEARS,
OWNER OF SHWAGATH HOTEL,
R/AT. SIDDAGANGA NILAYA,
K.S.R.T.C. DEPOT ROAD,
5TH BLOCK, KELAGOTE,
CHITRADURGA TOWN,
CHITRADURGA - 577 501.
                                              ... APPELLANT

(BY SRI K.RAMA BHAT, ADV.)

AND:

1.     SRI R.A.BASAVARAJ,
       AGED ABOUT 61 YEARS,
       S/O. LATE S.T.MAHADEVAPPA,
       AGRIGOLD AGENT,
       R/AT. 3RD CROSS,
       VENKATESHWARA EXTN.,
       5TH BLOCK,
       CHITRADURGA TOWN,
       CHITRADURGA - 577 501,
                           2


     NOW RESIDING AT
     BEERALINGESHWARA NILAYA,
     C/O. SUVARNAMMA,
     MALLAPPANAHATTI VILLAGE,
     M.K.HATTI POST,
     CHITRADURGA TALUK,
     CHITRADURGA - 577 501.

2.   SRI M.MAHENDRA KUMAR,
     AGED ABOUT 48 YEARS,
     S/O. MUNNA LAL BHANDARI,
     R/OF NEAR HOUSE OF
     EX-CHIEF MINISTER
     S.NIJALINGAPPA,
     OPP. D.C.BUNGLOW,
     CHITRADURGA TOWN,
     CHITRADURGA - 577501.

     ALSO AT BAKERY OUTLET,
     NEAR SATHKAR HOTEL,
     OPP. SHANKAR TALKIES,
     B.D.ROAD,
     CHITRADURGA - 577 501.
                                        ... RESPONDENTS



     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED
20.04.2019 PASSED IN OS.NO.10/2014 ON THE FILE OF THE
C/C PRINCIPAL SENIOR CIVIL JUDGE AND CJM., CHITRADURGA,
PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.


     THIS REGULAR FIRST APPEAL COMING ON FOR "ORDERS"

THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:
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                          JUDGMENT

Learned counsel for the appellant submits that memo

is filed praying leave of the Court to withdraw the appeal.

2. Memo is taken on record.

3. Appeal is dismissed as withdrawn.

In view of the withdrawal, office to examine and

refund the permissible court fee.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR