A. S. Gupta vs Badrinath Dewedi
2023 Latest Caselaw 4345 Kant

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                                                NC: 2023:KHC:24179
                                                  RFA No. 1668 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 12TH DAY OF JULY, 2023
                                        BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                    REGULAR FIRST APPEAL NO. 1668 OF 2018 (DEC/INJ)
               BETWEEN:
               A. S. GUPTA
               AGED ABOUT 82 YEARS,
               R/AT NO. 33, JAYAMAHAL ROAD,
               J.C. NAGAR, BENGALURU-560 046,

               AND ALSO AT NO. 29,
               3RD "B" CROSS,
               LALBAHADDUR NAGAR,
               BENGALURU-560 043.
                                                              ...APPELLANT
               (BY SRI. L V MURALIDHARA., ADVOCATE)
               AND:
               1. BADRINATH DEWEDI
                  S/O. LATE S. RAM KISHORE SHASTRI,
                  AGED ABOUT 54 YEARS,
Digitally
signed by         RESIDING IN A PORTION OF
VEENA
KUMARI B          MUNICIPAL NEW NO. 33, OLD NO.2,
Location:         MUNIREDDY PALYA MAIN ROAD,
High Court
of Karnataka
                  JAYAMAHAL ROAD, BANGALORE-560 046.

               2.   VISHWANATH DEWEDI
                    S/O. LATE S. RAM KISHORE SHASTRI,
                    AGED ABOUT 54 YEARS,
                    RESIDING IN A PORTION OF
                    MUNICIPAL NEW NO.33,
                    OLD NO.2, MUNIREDDY PALYA MAIN ROAD,
                    JAYAMAHAL ROAD, BANGALORE-560 046.
                                                           ...RESPONDENTS
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                                     NC: 2023:KHC:24179
                                       RFA No. 1668 of 2018




     THIS REGULAR FIRST APPEAL IS FILED U/S.96 OF CPC,1908
AGAINST THE JUDGMENT AND DECREE DTD 30.06.2018 PASSED IN
OS.NO.298/2018 ON THE FILE OF THE III ADDL.CITY CIVIL AND
SESSIONS      JUDGE,   BENGALURU   DISMISSING   THE   SUIT    FOR
DECLARATION AND PERMANENT INJUNCTION.


     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:


                            ORDER

Learned counsel for the appellant is physically present.

2. Heard his submission on I.A.No.1/2023 filed under

Section 23 Rule 1(1) of the Code of Civil Procedure seeking

permission to withdraw the appeal.

3. Learned counsel for the appellant makes a single

sentence submission that he may be permitted to withdraw

the appeal.

4. Perused the affidavit accompanying the application.

Though in the affidavit several other facts also have been

stated but they do not invite observation by this Court.

NC: 2023:KHC:24179 RFA No. 1668 of 2018

Since the application is only for withdrawal of the appeal,

as such, without making any observation with respect to

paragraph nos. 1 to 7 of the affidavit, the appeal stands

dismissed as not pressed.

Sd/-

JUDGE

BVK