K.N. Rajendra Kumar vs Sri. N.K. Amarnath
2023 Latest Caselaw 5840 Kant

                                            -1-
                                                        NC: 2023:KHC:29884
                                                      RFA No. 1651 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 22ND DAY OF AUGUST, 2023

                                       BEFORE

                        THE HON'BLE MR JUSTICE K.NATARAJAN

                       REGULAR FIRST APPEAL NO. 1651 OF 2023

                BETWEEN:

                K.N. RAJENDRA KUMAR,
                S/O SRI. KRISHNOJI RAO,
                AGED ABOUT 60 YEARS,
                NO.2909, 2ND "A" CROSS,
                2ND STAGE, 8TH MAIN,
                KUMARASWAMY LAYOUT,
                NEAR 108 VINAYAKA TEMPLE,
                BENGALURU - 560 078.
                                                              ...APPELLANT
                (BY SRI. VENKATARAM C R., ADVOCATE)

                AND:

                SRI. N.K. AMARNATH,
                S/O KRISHNOJI RAO,
Digitally
signed by V     NO.2909, 2ND "A" CROSS,
KRISHNA
Location:
                2ND STAGE, 8TH MAIN,
High Court of   KUMARASWAMY LAYOUT,
Karnataka
                NEAR 108 VINAYAKA TEMPLE,
                BENGALURU - 560 078.
                                                            ...RESPONDENT

                     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
                RULE 1 OF CPC PRAYING TO SEEKING TO SET ASIDE
                IMPUGNED ORDER PASSED ON IA No. 10 IN OS No. 5424/14
                ON THE FILE OF THE 39th ADDITIONAL CITY CIVIL AND
                SESSIONS JUDGE, BANGALORE, ETC.,

                    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                COURT DELIVERED THE FOLLOWING:
                                  -2-
                                                NC: 2023:KHC:29884
                                              RFA No. 1651 of 2023




                              JUDGMENT

Office raised objections regarding maintainability of the

appeal, since the Order challenged is passed on the

interlocutory application.

2. At this stage, learned counsel for appellant files a

memo and seeks permission to withdraw the present appeal

with liberty to file fresh case before the appropriate authority.

3. Submission and memo are placed on record.

4. Accordingly, the appeal is dismissed as withdrawn

with liberty as sought for.

Office is directed to return the documents.

Sd/-

JUDGE

VK

CT:STK