Smt. Bhagyamma vs Murthy K. R
2023 Latest Caselaw 158 Kant

                                              -1-
                                                         RFA No. 998/2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 3RD DAY OF JANUARY, 2023

                                          PRESENT

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

                                              AND

                           THE HON'BLE MR JUSTICE G BASAVARAJA

                   REGULAR FIRST APPEAL NO. 998 OF 2021 (PAR/DEC)

                   BETWEEN:

                   1.   SMT. BHAGYAMMA
                        D/O LATE RAMAPPA
                        AGED ABOUT 52 YEARS

                   2.   SMT PADHMA
Digitally signed        D/O LATE RAMAPPA
by YASHODHA N           AGED ABOUT 45 YEARS
Location: HIGH
                   3.   SMT GIRIJAMMA
COURT OF                D/O LATE RAMAPPA
KARNATAKA               AGED ABOUT 44 YEARS

                        ALL ARE RESIDING AT
                        CHODENAPURA VILLAGE
                        KODIPALYA DAKALE
                        KENGERI HOBLI
                        BANGALORE SOUTH TALUK
                        BENGALURU-560 060                 ...APPELLANTS

                   (BY SHRI. K.P. JAYASIMHA, ADVOCATE)

                   AND:

                   1.   MURTHY K. R.
                        S/O LATE RAMAPPA
                        AGED ABOUT 58 YEARS

                   2.   RAMACHANDRAPPA K.R
                        S/O LATE RAMAPPA
                        AGED ABOUT 50 YEARS
                             -2-
                                              RFA No. 998/2021




3.   NAGESH K.R
     S/O LATE RAMAPPA
     AGED ABOUT 43 YEARS

     SL.NO 1 TO 3 ARE RESIDING AT
     CHODENAPURA VILLAGE
     KODIPALYA DAKALE
     KENGERI HOBLI
     BANGALORE SOUTH TALUK
     BENGALURU-560 060

4.   SURESH BABU
     S/O LATE B. SHANKAR REDDY
     AGED ABOUT 57 YEARS
     R/A NO.98, 29TH CROSS
     2ND STAGE, BANASHANKARI
     BANGALORE-560 070

5.   ABM BUILDTECH PVT LTD
     12/A2, ABM TOWER
     24TH MAIN ROAD, 14TH CROSS
     J P NAGAR, 1ST PHASE
     BANGALORE-560 078
     REP BY ITS DIRECTOR
     MR. P.S. MOHAN KUMAR
     AGED ABOUT 48 YEARS                      ...RESPONDENTS

(BY SHRI. H.S. SOMNATH, ADVOCATE FOR R-5)

      THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 01.10.2016
PASSED IN O.S.NO.5708/2015 ON THE FILE OF THE LIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,
DISMISSING    THE   SUIT   FOR    PARTITION   AND   SEPARATE
POSSESSION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
                                     -3-
                                                     RFA No. 998/2021




                           JUDGMENT

Shri K.P. Jayasimha, learned advocate for the

appellants has filed a memo dated 12.12.2022

seeking leave to withdraw the appeal.

2. Leave granted. Appeal is accordingly dismissed

as withdrawn.

3. In view of disposal of the appeal, all pending

interlocutory applications do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV