Sri. A. Srinivasa vs Smt. Deepa
2023 Latest Caselaw 10160 Kant

Karnataka High Court

Sri. A. Srinivasa vs Smt. Deepa on 11 December, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                           -1-
                                                                    NC: 2023:KHC:44854-DB
                                                                        RFA No. 400 of 2023




                                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                    DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                                       PRESENT
                                     THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                         AND
                             THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                          RFA NO. 400 OF 2023 (DEC/INJ)
                             BETWEEN:

                             SRI. A. SRINIVASA
                             S/O ANINAPPA
                             AGED ABOUT 51 YEARS
                             R/AT JANATHA COLONY
                             AMRUTHAHALLI VILLAGE
                             BENGALURU 560 092                          ...APPELLANT

                             (BY SRI. SHIVARAMU H C., ADV.)

                             AND:

                             1.      SMT. DEEPA
                                     W/O CHIKKANNA,
                                     D/O P SRINIVASA
                                     AGED 39 YEARS

                             2.      SRI CHKKANNA
Digitally signed by MALA K
N                                    S/O DODDAKALLAPPA
Location: HIGH COURT OF              AGED 45 YEARS
KARNATAKA
                                     BOTH ARE R/AT NO 310
                                     DANDU CHIKKANNA LAYOUT
                                     AMRUTHAHALLI VILLAGE
                                     BENGALURU 560 092

                             3.      SMT S ROOPA
                                     D/O P SRINIVASA, AGED 38 YEARS
                                     R/AT JAKKUR MAIN ROAD, AMRUTHAHALLI
                                     SHAKARNAGAR POST, BENGALURU 560 092

                             4.      SMT S SHILPA
                                     W/O LAKSHMANA, AGED 35 YEARS
                                  -2-
                                          NC: 2023:KHC:44854-DB
                                              RFA No. 400 of 2023




     D/O P SRINIVASA, R/AT NO 91
     HALASAHALLI, HOSKTE TALUK
     BANGALORE RURAL DIST - 562 114

5.   SMT S SINDHU
     D/O P SRINIVASA, AGED 32 YEARS
     RA/T NO 19, NEAR WATER TANK
     AMRUHTHAHALLI, SAHAKARANAGAR POST
     BENGALURU 560 092

6.   SRI SIDDALINGESHWARA S
     S/O LATE SIDDANNA, AGED 49 YEARS
     R/AT NO W-151, SECTOR 3, HMT LAYOUT
     JALAHALLI, BENGALURU 560 013     ...RESPONDENTS

(BY SRI.H. ANAND, ADV. FOR R6)

     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 02.12.2022   PASSED IN OS No.5831/2015
ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR
DECLARATION AND INJUNCTION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                        JUDGMENT

Shri H.C. Shivaramu, learned advocate for the

appellant has filed a memo dated 08.12.2023

seeking leave to withdraw this appeal. Memo reads

as follows:

"MEMO FOR WITHDRAWAL

The appellant most respectfully submits that, the dispute between appellant and respondent is settled out of Court, in the circumstances the appellant pray that this Hon'ble Court be pleased to permit the appellant to

NC: 2023:KHC:44854-DB

withdraw the above appeal as not pressed, same may be dismissed as withdrawn, same may be accepted, in the interest of Justice and equity."

2. Leave granted. This appeal is dismissed as

withdrawn.

3. In view of dismissal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

PA CT:HS