Sri Krishnappa vs Sri Syed Mustafa S/O Late Syed Baba ...
2022 Latest Caselaw 11780 Kant

                             -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12TH DAY OF SEPTEMBER 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

            RFA NO.1713 OF 2011 (DEC-INJ)


BETWEEN:

1.     SRI KRISHNAPPA
       S/O ABBAIAH
       AGED ABOUT 78 YEARS

2.     SRI GAJENDRA
       S/O KRISHNAPPA
       AGED ABOUT 48 YEARS

       BOTH ARE R/AT VIJINAPURA VILLAGE
       K R PURAM HOBLI
       BANGALORE SOUTH TALUK
       BANGALORE - 560 016                ... APPELLANTS

(BY SRI. M.VENKATAPPA, ADVOCATE)

AND:

1.     SRI SYED MUSTAFA
       S/O LATE SYED BABA SAHIB
       AGED ABOUT 63 YEARS

2.     SRI SYED HASHIM
       S/O LATE SYED FAREED SAHIB
       AGED ABOUT 48 YEARS

3.     SRI SARDAR
       AGED ABOUT 48 YEARS
                               -2-


      RESPONDENT NOS.1 TO 3 ARE
      R/AT VIJINAPURA
      KOTHANUR VILLAGE
      K R PURAM HOBLI
      BANGALORE SOUTH TALUK
      BANGALORE 560 016                    ...RESPONDENTS

(BY SRI.K.NARAYANA, ADV. FOR R2 & R3;
    R1-NOTICE ACCEPTED VIDE ORDER
    DATED 01.09.2022 BY PAPER PUBLICATION)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 1.4.2011
PASSED IN O.S.NO.1897/2002 ON THE FILE OF THE 17TH
ADDL.   CITY  CIVIL  JUDGE,   BANGALORE    (CCH-16)
DISMISSING THE SUIT FOR DECLARATION, PERMANENT
INJUNCTION AND POSSESSION.

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

                         JUDGMENT

After hearing Sri M.Venkatappa, learned counsel for the

appellants for some time, he files a memo in Court today.

2. The memo reads as under:

"The Appellant prays that this Hon'ble Court may be pleased to grant leave to withdraw the appeal to file a comprehensive suit by impleading the Government of Karnataka and other concerned parties. Hence this memo."

The appeal is dismissed as withdrawn with liberty as

prayed for keeping open all contentions of the parties to be

urged in the intended suit.

3. In view of withdrawal of the appeal, permissible court

fee is ordered to be refunded to the appellants.

Sd/-

JUDGE

hkh.