The Builders Apartment Flat Owners ... vs Shri M Prabhakar
2023 Latest Caselaw 11062 Kant

Karnataka High Court

The Builders Apartment Flat Owners ... vs Shri M Prabhakar on 19 December, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                              -1-
                                                           NC: 2023:KHC:46287
                                                        RFA No. 1085 of 2017




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                            BEFORE
                          THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                          REGULAR FIRST APPEAL NO. 1085 OF 2017 (INJ)
             BETWEEN:

             THE BUILDERS APARTMENT FLAT OWNERS ASSOCIATION,
             #137, OLD AIRPORT ROAD, HAL POST,
             KODIHALLI, BANGALORE - 560 017,
             REPRESENTED BY ITS PRESIDENT,
             JULIUS RAJASHEKAR.
                                                            ...APPELLANT
             (BY MS. UDITA RAMESH, ADVOCATE)
             AND:

             1.     SHRI M PRABHAKAR,
                    FATHER S NAME NOT KNOWN,
                    AGED ABOUT 66 YEARS,
                    A.G.M. (BHEL)(RETD),
                    NO:147, BSR ELITE, ROW VILLA,
                    MAHADEVAPURA,
                    BANGALORE - 560 048.

Digitally    2.     SHRI SIDDARTH,
signed by
VANDANA S           SON OF DR B.R.S. RAU,
Location:           MAJOR,
HIGH COURT          RESIDING AT FLAT NO: A-44,
OF
KARNATAKA           BLOCK II 4TH FLOOR, AIRPORT ROAD,
                    KODIHALLI, BANGALORE - 560 017.
                                                               ...RESPONDENTS
             (BY SRI S Z A KHURESHI, ADVOCATE FOR R1,
             R2 IS SERVED)

                  THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 OF CPC.,
             AGAINST THE JUDGMENT AND DECREE DATED 09.03.2017 PASSED IN
             OS NO.203/2015 ON THE FILE OF THE XXX ADDL. CITY CIVIL JUDGE,
             BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION.

                  THIS APPEAL COMING ON FOR ORDERS THIS DAY THE COURT
             DELIVERED THE FOLLOWING:
                                   -2-
                                                    NC: 2023:KHC:46287
                                                  RFA No. 1085 of 2017




                              JUDGMENT

Learned counsel for the appellant has filed a memo seeking

permission of the Court to withdraw the appeal.

Memo is placed on record.

Appeal is dismissed as withdrawn.

Sd/-

JUDGE

BRN