Sri G Jaimuni Rao vs Smt Jayamani
2023 Latest Caselaw 10434 Kant

Karnataka High Court

Sri G Jaimuni Rao vs Smt Jayamani on 13 December, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                    -1-
                                                              NC: 2023:KHC:45230-DB
                                                                  RFA No. 316 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 13TH DAY OF DECEMBER, 2023

                                                 PRESENT

                               THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

                                                    AND

                           THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

                       REGULAR FIRST APPEAL NO. 316 OF 2023 (DEC/INJ)

                      BETWEEN:

                      SRI. G. JAIMUNI RAO
                      S/O SRI. GANGOJI RAO
                      AGED ABOUT 64 YEARS
                      R/AT D-1/1, HAYES COURT
                      RICHMOND TOWN
                      BANGALORE-560 025                                 ...APPELLANT

                      (BY SHRI. N.K. MALLIKARJUN, ADVOCATE FOR
                          SHRI. A. SAMPATH, ADVOCATE)

                      AND:

                      1.     SMT. JAYAMANI
                             W/O SRI. V.A.S. MANI
                             AGED ABOUT 73 YEARS
                             R/AT NO.103, "SABARISH"
                             1ST CROSS, HAL 3RD STAGE
Digitally signed by
ANUSHA V                     BANGALORE-560 075
                             REPRESENTED BY HER DULY
Location: HIGH
COURT OF                     CONSTITUTED ATTORNEY
KARNATAKA                    SRI. V.A.S. MANI

                      2.     SRI. P. RAMESH
                             S/O SRI. PUTTASWAMY GOWDA
                             AGED ABOUT 53 YEARS
                             R/AT NO.4, 5TH CROSS
                             9TH MAIN, NR NAGAR
                             BANGALORE-560 027

                      3.     SRI. N. SHIVAPRASAD
                             S/O SRI. C. NANJAPPA
                             AGED ABOUT 60 YEARS
                             R/AT NO.415, 6TH "A" MAIN ROAD
                                   -2-
                                              NC: 2023:KHC:45230-DB
                                                  RFA No. 316 of 2023




     HRBR LAYOUT
     KALYANA NAGAR, II BLOCK
     BANGALORE-560 043

4.   SRI. G.K. RAGHURAMA REDDY
     S/O SRI. G.P. KRISHNAPPA
     AGED ABOUT 68 YEARS
     R/AT GARVEBHAVI PALYA VILLAGE
     BEGUR HOBLI
     BANGALORE SOUTH TALUK
     BANGALORE-560 068

5.   SRI. C.G. DILEEP
     ADVOCATE
     REGISTRATION NO.KAR 2588/2004
     NO.826/A, I FLOOR, 5TH MAIN
     SERVICE ROAD, VIJAYANAGAR
     BANGALORE-560 040                             ...RESPONDENTS

      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 17.02.2020 PASSED IN OS
No.461/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE,   BANGALORE      RURAL     DISTRICT,   BANGALORE,     PARTLY
DECREEING     THE    SUIT   FOR   DECLARATION     AND   PERMANENT
INJUNCTION.

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

                            JUDGMENT

Learned advocate for the appellant has filed a

memo dated 04.12.2023 seeking leave of this court and

it reads as follows:

"MEMO FOR WITHDRAWAL FILED BY THE

APPELLANT

The appellant above named most respectfully pray

that this Hon'ble court may be pleased to dismiss the

above appeal as Withdrawn, without placing any

NC: 2023:KHC:45230-DB

liberty in him to file any other appeal on the same

cause of action, in the interest of justice and equity."

2. Leave granted. This appeal is dismissed as

withdrawn.

3. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV