Sri. K B Muni Reddy vs Sri. B A Anantha Ram
2023 Latest Caselaw 5892 Kant

                                                   -1-
                                                              NC: 2023:KHC:30088
                                                           RFA No. 623 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 23RD DAY OF AUGUST, 2023

                                                BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                             REGULAR FIRST APPEAL NO. 623 OF 2020 (INJ)
                      BETWEEN:

                      1.    SRI. K.B. MUNI REDDY,
                            S/O. BUDDA REDDY,
                            AGED ABOUT 63 YEARS,
                            R/A 'YELLAMMA DEVI NILAYA',
                            2ND CROSS, NAVODAYA NAGAR,
                            KOTHANUR DINNE,
                            J.P. NAGAR 7TH PHASE,
                            BENGALURU - 560 076.

                      2.    SRI. K.B. MUNIRAJU,
                            S/O. BUDDA REDDY,
                            AGED ABOUT 54 YEARS,
                            R/A NO.132, 6-10, 3RD CROSS,
                            NAVODAYANAGAR,
                            KOTHANUR DINNE,
                            J.P. NAGAR 7TH PHASE,
Digitally signed by
                            BENGALURU - 560 076.
LAKSHMINARAYAN
N
                      3.    SRI. K.B. NARAYANA REDDY,
Location: HIGH
COURT OF                    S/O. BUDDA REDDY,
KARNATAKA
                            AGED ABOUT 65 YEARS,
                            R/A 'YELLAMMA DEVI NILAYA',
                            2ND CROSS, NAVODAYA NAGAR,
                            KOTHANUR DINNE,
                            J.P. NAGAR 7TH PHASE,
                            BENGALURU - 560 076.
                                                                   ...APPELLANTS
                      (BY SRI. SHIVARAMA A., ADVOCATE)
                      AND:

                      1.    SRI. B.A. ANANTHA RAM,
                            S/O. B.V. ASHWATHANARAYANA RAO,
                            AGED ABOUT 62 YEARS.
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                                        NC: 2023:KHC:30088
                                       RFA No. 623 of 2020




2.   SMT. CHITRA A.R.,
     W/O. B.A. ANANTHA RAM,
     AGED ABOUT 56 YEARS,

3.   SRI. ARJUN,
     S/O. B.A. ANANTHA RAM,
     AGED ABOUT 32 YEARS,

     ALL ARE R/A NO.43/1, 4TH CROSS,
     5TH MAIN ROAD, NAVODAYA NAGAR,
     J.P. NAGAR 7TH PHASE,
     BENGALURU - 560 076.

4.   SRI. K.B. KRISHNA REDDY,
     S/O. BUDDA REDDY,
     AGED ABOUT 69 YEARS,
     R/A NO.132/6,
     12TH 3RD CROSS,
     NAVODAYA NAGAR,
     (KOTHANUR DINNE),
     J.P. NAGAR 7TH PHASE,
     BENGALURU - 560 076.

5.   SRI. K.B. GURUMURTHY REDDY,
     S/O. BUDDA REDDY,
     AGED ABOUT 68 YEARS,
     R/A NO.5, KRISHNANAGAR,
     KOTHANUR,
     BENGALURU - 560 076.
                                           ...RESPONDENTS
(BY SRI. PRAKASH T HEBBAR AND SRI. M. RAVIKUMARA,
    ADVOCATES FOR R1 AND R2)

     THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.09.2019
PASSED IN O.S.NO.25578/2010 ON THE FILE OF THE XXVI
ADDITIONAL CITY CIVIL JUDGE MAYO HALL, BENGALURU,
DECREEING THE SUIT FOR PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                          NC: 2023:KHC:30088
                                         RFA No. 623 of 2020




                        JUDGMENT

Learned counsel for the appellants has filed a memo

seeks permission of this Court to withdraw the appeal with

liberty to file a fresh comprehensive suit.

The memo and submission of learned counsel for the

appellants is placed on record. Permission sought for is

granted.

Accordingly, the appeal is dismissed as withdrawn

with liberty to file a fresh comprehensive suit.

In view of the dismissal of the main appeal,

I.A.No.1/2019, does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

SMC

CT:SNN