Sri K Vasudeva vs Sri Dwarakanath
2022 Latest Caselaw 7624 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA, BENGALURU

         DATED THIS THE 27TH DAY OF MAY, 2022

                           BEFORE

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

                   R.F.A.NO.1153 OF 2017
BETWEEN

SRI. K. VASUDEVA,
AGED ABOUT 76 YEARS,
S/O. LATE KULLAPPA,
R/AT NO.1304, 6TH CROSS,
SRIRAMPURAM,
BANGALORE - 560 021.
                                           ...APPELLANT
(BY SRI. K. PRADEEP NAIK, ADV.)

AND

1.     SRI. DWARAKANATH,
       AGED ABOUT 76 YEARS,
       S/O LATE KULLAPPA,
       R/AT NO.1304, 6TH CROSS,
       SRIRAMPURAM,
       BANGALORE - 560 021.

2.     SRI. NARAYANASWAMY,
       AGED ABOUT 73 YEARS,
       S/O. KANDHASWAMY,
       AT NO.U-55, 4TH MAIN,
       MADDAPPA GARDEN,
       SRIRAMPURAM,
       BANGALORE - 560 021.

3.     SRI. KANNAMMA,
       AGED ABOUT 53 YEARS,
       W/O MUTHUSWAMY,
       AT NO.U-55, 4TH MAIN,
       MADDAPPA GARDEN,
                               2



      SRIRAMPURAM,
      BENGALURU - 560 021.

4.    SRI. SUBRAMANI,
      AGED ABOUT 51 YEARS,
      S/O. GOVINDASWAMY NAIDU,
      AT NO.U-55, 4TH MAIN,
      MADDAPPA GARDEN,
      SRIRAMPURAM,
      BENGALURU - 560 021.

5.    SRI. KANNAN,
      AGED ABOUT 48 YEARS,
      S/O. KANI NAIDU, AT NO.56,
      2ND CROSS,
      MADDAPPA GARDEN,
      SRIRAMPURAM,
      BENGALURU - 560 021.

                                            ...RESPONDENTS

(BY SRI. M.N. MADHUSUDHAN, ADV. FOR C/R1;
    NOTICE TO R2 TO R4 IS DISPENSED WITH;
    R5 SERVED)

       THIS APPEAL IS FILED UNDER SEC.96 READ WITH ORDER
XLI RULE 3 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
07.03.2017 PASED IN O.S.NO.5056/2009 ON THE FILE OF THE XI
ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT
FOR DECLARATION AND ETC.

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

                          JUDGMENT

Learned counsel for the appellant has filed a memo

dated 24.03.2022 seeking to dismiss the appeal as withdrawn.

2. The said memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

SD/-

JUDGE

BMC