Mr Paul Thekkan vs Sri G Lakshminarayanareddy
2023 Latest Caselaw 5686 Kant

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                                                     NC: 2023:KHC:29202
                                                   RFA No. 1232 of 2016




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 17TH DAY OF AUGUST, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL NO.1232 OF 2016(INJ)


              BETWEEN:

                     MR PAUL THEKKAN
                     S/O T.P.DEVASSY
                     SINCE, DECEASED BY HIS LEGAL REPRESENTATIVES

              1(a) SMT. KUNJAMMA PAUL
                   W/O LATE PAUL THEKKAN,
                   AGED 63 YEARS

              1(b) MR.ANTO PAUL THEKKAN
                   S/O LATE PAUL THEKKAN,
                   AGED 31 YEARS

              1(c)   MR.SEBI PAUL
                     S/O LATE PAUL THEKKAN,
                     AGED 30 YEARS
Digitally
signed by R
MANJUNATHA
                     ALL ARE RESIDING AT NO.224,
Location:            3RD CROSS, 1ST MAIN,
HIGH COURT
OF                   JAKKASANDRA EXTENSION,
KARNATAKA
                     1ST BLOCK, KORAMANGALA
                     BANGALORE-560 034
                                                          ...APPELLANTS
              (BY SRI M.S.VENUGOPAL, ADVOCATE)
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                                        NC: 2023:KHC:29202
                                    RFA No. 1232 of 2016




AND:

1.   SRI G LAKSHMINARAYANAREDDY
     S/O LATE L.GOKUL REDDY
     AGED 39 YEARS

2.   SRI.G.SANTHOSH REDDY
     S/O LATE L.GOKUL REDDY
     AGED 37 YEARS

3.   SRI.G.SATHYANARAYANA REDDY
     S/O LATE L.GOKUL REDDY
     AGED 36 YEARS

     ALL ARE RESIDING AT AGRA VILLAGE
     BEGUR HOBLI
     BANGALORE SOUTH TALUK-560 102.
                                           ...RESPONDENTS
(BY SMT. GEETHADEVI.M.P, ADVOCATE FOR R1;
SRI H.V.RAMACHANDRA REDDY, ADVOCATE FOR C/R1)

       THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 20.04.2016 PASSED IN O.S.NO.5967/2008 ON
THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT
FOR PERMANENT INJUNCTION.

       THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2023:KHC:29202
                                          RFA No. 1232 of 2016




                         JUDGMENT

Learned counsel for the appellants has filed a memo.

Memo reads as under:

"Appellants submit that, due to the subsequent event, the appellants have filed a comprehensive suit for declaration of title and possession against 3rd parties in O.S.No.3070/2023 before the Hon'ble City Civil Court, Bengaluru. In view of the same, the cause of action in this appeal for permanent injunction does not survive for consideration. Hence, the appellants seek the leave of this Hon'ble Court to withdraw this appeal reserving liberty to prosecute said suit in the interest of justice and equity."

In view of the memo, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

MR