Sri Subba G vs B Narayanappa
2022 Latest Caselaw 7706 Kant

                              1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF MAY, 2022

                         BEFORE

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

          R.F.A.NO.2173 OF 2011 (DEC & INJ)
BETWEEN
1.     SRI. SUBBA G,
       S/O LATE SADAPPA,
       AGED ABOUT 50 YEARS,

2.     SRI. S. SUNILKUMAR,
       S/O SUBBA G,
       AGED ABOUT 26 YEARS,

       BOTH ARE R/AT NO.244, 6TH MAIN,
       JAKKUR LAYOUT,
       BANGALORE - 560 064.
                                             ...APPELLANTS
(BY SRI. V.F.KUMBAR, ADVOCATE)

AND

1.     B. NARAYANAPPA,
       S/O NANJEGOWDA,
       AGED ABOUT 69 YEARS,
       R/AT BISANAHALLI VILLAGE - 563 135,
       SRINIVASAPURA TALUK,
       KOLAR DISTRICT.

2.     SRI. G. NANJUNDEGOWDA,
       S/O NANJEGOWDA,
       AGED ABOUT 64 YEARS,
       R/AT B-16, UAS QUARTERS,
       HEBBAL,
       BANGALORE - 560 024.
                                        ...RESPONDENTS
(BY SRI.C.VENKATESHA, ADVOCATE FOR C/R1 AND R2)
                            2

      THIS APPEAL IS FILED UNDER ORDER - 41, RULE-1, R/W,
SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
10.08.2011 PASSED IN O.S.8121/2005 ON THE FILE OF THE V-
ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT
FOR DECLARATION AND MANDATORY INJUNCTION.
     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal is dismissed as withdrawn in terms

of the Memo dated 07.04.2022, which reads as under:

"The undersigned counsel for the Appellant herewith submits that, the appellant has instituted fresh suit bearing O.S.No.1572/2022 before the Hon'ble City Civil and Sessions Judge at Bengaluru for relief of declaration and mandatory injunction, in view thereof, the above appeal be disposed off, to meet to the cannon of justice and ends of equity."

SD/-

JUDGE

DS