Sri P Subramanyam vs Sri Munivenkatappa
2023 Latest Caselaw 5711 Kant

                                                -1-
                                                            NC: 2023:KHC:29198
                                                           RSA No. 549 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF AUGUST, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    REGULAR SECOND APPEAL NO.549 OF 2021 (DEC/INJ)

                   BETWEEN:

                   SRI P. SUBRAMANYAM
                   S/O LATE POOLA NARASHIMALU
                   AGED ABOUT 72 YEARS,
                   R/O NO.3/32/4, CB ROAD
                   CHITTOR, ANDHRA PRADESH
                                                              ...APPELLANT

                   (BY SRI SUDHAKAR G.V., ADVOCATE)

                   AND:

                   1.    SRI MUNIVENKATAPPA
                         S/O LATE MUNISHAMAPPA
                         AGED ABOUT 76 YEARS,
                         R/O AVATHI VILLAGE, KASABA HOBLI,
                         DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.
Digitally signed
by SHARANYA T      2.    M/S. AEROZANA
Location: HIGH           NO.717, 2ND FLOOR
COURT OF
KARNATAKA                POONASHASHI COMPLEX
                         MODI HOSPITAL ROAD, 2ND STAGE
                         WEST OF CHORD ROAD, BASAVESHWARANAGARA
                         BANGALORE-560086.
                                                            ...RESPONDENTS

                         THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
                   THE    ORDER   DATED    05.04.2021  PASSED   ON   I.A.  IN
                   R.A.NO.15017/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT
                   AND    SESSIONS    JUDGE,    BENGALURU   RURAL   DISTRICT,
                   DEVANAHALLI, REJECTING THE I.A. FILED UNDER SECTION 5 OF
                   THE LIMITATION ACT AGAINST THE JUDGMENT AND DECREE DATED
                   05.01.2015 PASSED IN O.S.NO.357/2012 ON THE FILE OF THE
                   PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI, PARTLY
                                       -2-
                                                NC: 2023:KHC:29198
                                               RSA No. 549 of 2021




DECREEING THE            SUIT   FOR   DECLARATION   AND   PERMANENT
INJUNCTION.

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

                                JUDGMENT

The counsel for the appellant has filed a memo

stating that he does not press the appeal and further

seeks liberty to file a writ petition.

2. The said memo is placed on record.

3. In view of the said memo, the appeal is

dismissed as not pressed with the liberty as sought for in

the memo.

Sd/-

JUDGE

SN