Sri Ganesh Babu vs Smt Akkayamma @ Bhagyamma
2023 Latest Caselaw 5494 Kant

                                               -1-
                                                            NC: 2023:KHC:28284
                                                          MFA No. 5346 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF AUGUST, 2023

                                              BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5346 OF 2023 (CPC)
                   BETWEEN:

                   1.    SRI GANESH BABU
                         S/O LATE ANJINAPA
                         AGED ABOUT 44 YEARS

                   2.    SRI RAGUNATH
                         S/O LATE ANJINAPPA
                         AGED 37 YEARS
                         BOTH ARE R/AT NO 20, 1ST CROSS
                         V P ROAD, OLD MADIWALA
                         BANGALORE 560068.
                                                                 ...APPELLANTS
                   (BY SRI. PARAMESHWARAPPA M V., ADVOCATE)

                   AND:

Digitally signed   1.    SMT AKKAYAMMA @ BHAGYAMMA
by
DHANALAKSHMI             R/AT KONDASANDRA VILLAGE
MURTHY                   JIGANI HOBLI, ANEKAL TALUK
Location: High           BANGALORE URBAN DISTRICT.
Court of
Karnataka
                   2.    SMT PREMA
                         D/O LATE ANJINAPPA
                         AGED ABOUT 42 YEARS
                         R/AT NO 20, 1ST CROSS
                         V P ROAD, OLD MADIWALA
                         BANGALORE 560068.

                   3.    SMT PUSHPA
                         W/O KUMAR
                         D/O LATE ANJINAPPA
                             -2-
                                         NC: 2023:KHC:28284
                                      MFA No. 5346 of 2023




    AGED ABOUT 40 YEARS
    R/AT NO 31, SAI MAIN ROAD
    MYSORE ROAD, NAYANDAHALLI
    BANGALORE 560039.
                                               ...RESPONDENTS
     THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC,
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
27.05.2022 PASSED IN MISC.PETITION NO.1112/2019 BY
ALLOWING THIS APPEAL AND RESTORE THE ORIGINAL SUIT
FILED BY THE RESPONDENT IN OS.NO.7359/2015 ON THE FILE
OF THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CCH-59.

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

The learned counsel for the appellants has filed a

memo dated 10.8.2023 stating that the appellant seeks

permission of this Court to withdraw the appeal with

liberty to approach appropriate legal forum.

The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellants to approach appropriate legal

forum.

Sd/-

JUDGE

DM