Syed Suhail Ali vs M R Subramanya
2023 Latest Caselaw 9222 Kant

Karnataka High Court

Syed Suhail Ali vs M R Subramanya on 4 December, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                         -1-
                                                        NC: 2023:KHC:43817
                                                      RFA No. 2103 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   REGULAR FIRST APPEAL NO.2103 OF 2023 (RES)
            BETWEEN:
            SYED SUHAIL ALI
            AGED ABOUT 51 YEARS,
            S/O LATE SYED ALI
            PROPRIETOR OF B-STYLISH
            NO.2714/1A, 1B AND 1C, KALIDASA ROAD,
            V V MOHALLA, MYSURU - 570002.

            ALSO AT: NO.815, B LAYOUT,
            BANNIMANTAPA EXTENSION,
            SHIVRATRESHWARA NAGAR,
            MYSURU - 570 015.
                                                              ...APPELLANT
            (BY SRI. AMBAJI RAO NAJRE, ADVOCATE)
            AND:

            1.   M R SUBRAMANYA
Digitally        AGED ABOUT 72 YEARS,
signed by        SON OF LATE S RAMACHANDRAIAH
VANDANA S
Location:
                 NO. EWS 208, 3RD CROSS, 2ND STAGE,
HIGH             KUVEMPUNAGARA 'M' BLOCK,
COURT OF         MYSURU - 570 023.
KARNATAKA
            2.   M R RAMANATHAN
                 AGED ABOUT 65 YEARS,
                 SON OF LATE S RAMACHANDRAIAH
                 NO.293, 5TH MAIN, 2ND STAGE,
                 VIJAYANAGARA,
                 MYSURU - 570 017.

            3.   H V JAYASHREE
                 AGED ABOUT 64 YEARS,
                 W/O LATE M R VISHWANATH
                 NO.21, CHAMUNDESHWARI TEMPLE ROAD,
                                      -2-
                                                       NC: 2023:KHC:43817
                                                   RFA No. 2103 of 2023




     MAHADEVAPURA, J P NAGAR,
     MYSURU - 570 008.

4.   M R JANARDHAN
     AGED ABOUT 61 YEARS,
     SON OF LATE S RAMACHANDRAIAH
     NO. 44, UPSTAIRS, 15TH CROSS,
     KALIDASA ROAD, V V MOHALLA
     MYSURU - 570 002.
                                                           ...RESPONDENTS
(BY SRI.G.M. ANANDA, ADVOCATE FOR CAVEATOR R-2, R-3 & R-4)
     THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 03.08.2023 PASSED IN OS
NO.492/2020 ON THE FILE OF THE V ADDITIONAL SENIOR CIVIL
JUDGE, MYSURU, DECREEING THE SUIT FOR RECOVERY OF
POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                                JUDGMENT

Learned counsel for the appellant files a memo seeking

withdrawal of the appeal. The said memo reads as under:

"The appellant has instructed his counsel to withdraw the above appeal.

Hence view of the above, said appeal shall be dismissed as withdrawn.

That in view of the withdrawal of the above appeal, the appellant herein prays this Hon'ble Court to order for refund of full court fees accordingly.

Hence, this memo."

2. The said memo is placed on record.

3. Accordingly, appeal is dismissed as withdrawn.

NC: 2023:KHC:43817

4. Registry is directed to refund the entire (100%) Court

Fee paid on the Memorandum of Appeal, if permissible in

accordance with law.

Sd/-

JUDGE

SV