Sri N Nagaraju vs Smt N Lalitha
2023 Latest Caselaw 2310 Kant

                                                -1-
                                                              RFA No. 225 of 2020




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF APRIL, 2023

                                           PRESENT

                        THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                                                AND

                          THE HON'BLE MR. JUSTICE C.M. POONACHA

                    REGULAR FIRST APPEAL NO. 225 OF 2020 (PAR/INJ)

                   BETWEEN:

                   SRI. N. NAGARAJU
                   S/O NARASIMAIAH
                   AGED ABOUT 49 YEARS
                   R/AT NO.18, KENGERI FORT
                   NEAR KARAGADAMMA TEMPLE
                   BENGALURU-560 060                                   ...APPELLANT

                   (BY SHRI. MADHUSUDAN, ADVOCATE FOR
                       SHRI. V. VISWANATHA SETTY, ADVOCATE)

                   AND:

                   SMT. N. LALITHA
                   SINCE DECEASED BY HER LRS
Digitally signed
                   1.     SRI. S.GIRISH
by ANUSHA V               S/O B.V. SHIVAKUMAR
Location: HIGH            AGED ABOUT 39 YEARS
COURT OF
KARNATAKA          2.     SMT. S. SHWETHA
                          D/O B.V. SHIVAKUMAR
                          AGED ABOUT 35 YEARS
                          BOTH ARE R/AT NO.49
                          VIDHYAPEET ROAD, 11TH CROSS
                          GANGABHUVANESHWARI TEMPLE
                          KENGERI
                          BENGALURU-560 060

                   3.     SMT. HOMBAMMA
                          W/O LATE CHIKKANARASIMHAIAH
                            -2-
                                         RFA No. 225 of 2020




      AGED ABOUT 67 YEARS
      R/AT NO.18, KENGERI FORT
      NEAR KARAGADAMMA TEMPLE
      BENGALURU-560 060

      PRESENT ADDRESS
      NO.154, HOSA BYRO HALLI
      KOMMAGHATTA, KRISHNARAJASAGARA
      SULIKERE, BENGALURU-560 060

4.    SMT. PUTTAMMA
      W/O B.V. VEERABHADRAPPA
      AGED ABOUT 83 YEARS
      R/AT NO.180, 3RD CROSS
      3RD MAIN, HANUMANTHA NAGAR
      BENGALURU-560 019

5.    SMT. CHANNAMMA
      W/O LATE KENCHAPPA
      AGED ABOUT 80 YEARS
      R/AT NO.18, KENGERI FORT
      NEAR KARAGADAMMA TEMPLE
      KENGERI
      BENGALURU-560 060

      RESPONDENT NO.5 DELETED AS
      PER ORDER DATED 27.01.2021
      PASSED BY THE COURT                    ...RESPONDENTS


(BY SHRI. V. SHANKARAPPA, ADVOCATE FOR
    R1 TO R3[ABSENT])

      THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 27.09.2019 PASSED
IN OS.No.8350/2007 ON THE FILE OF THE XVIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU DECREEING THE SUIT
FOR PARTITION AND PERMANENT INJUNCTION.

      THIS RFA, COMING ON FOR ORDERS, THIS             DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                       JUDGMENT

Shri N.Nagaraju-sole appellant is present in court

and he is identified by his advocate. He submits that

he does not wish to prosecute this appeal.

RFA No. 225 of 2020

2. Learned advocate for the appellant has filed a

memo dated 30.03.2023 seeking leave to withdraw

this appeal and it reads as follows;

"The Appellant above named humbly Prays this Hon'ble court May be pleased to permit him to withdraw the above Appeal, Since the appellant and the respondents have filed compromise petition before FDP Court in FDP.No.4/2020 on 20.12.2021 and same is accepted by the court and parties. Hence this Memo."

3. Leave granted. This appeal is accordingly

dismissed as withdrawn.

4. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive for

consideration and the same stands disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV