Smt.M.Manjula vs Dr.C.Parvathi
2023 Latest Caselaw 4397 Kant

                                                  -1-
                                                          NC: 2023:KHC:24408
                                                              RFA No. 784 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 13TH DAY OF JULY, 2023

                                               BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                          REGULAR FIRST APPEAL NO. 784 OF 2021 (EJE)


                   BETWEEN:

                   Smt. M. Manjula
                   Dealer of IOC,
                   Aged about 57 years,
                   W/o Late Mohan Kumar
                   Property bearing Sy. No.43/1
                   Khatha No.40, Byrasandra
                   Uttarahalli Hobli,
                   Bannerghatta Road,
                   Bangalore South Taluk,
                   Bangalore-560 029

                   And also R/at No.605/8
                   Rajajinagar 3rd Block,
Digitally signed
by
BHARATHIDEVI
                   Bangalore-560 010.
K KORLAHALLI
Location: High                                                         ...Appellant
Court of
Karnataka
                   (By Sri. Srihari R. Deshpande, Advocate)

                   AND:

                   1.    Dr. C. Parvathi
                         D/o Late M. Chinnaiah,
                         Aged about 80 years,
                         R/at No.9/1, 2nd Cross,
                         Karagappa Garden,
                         Mission Road, Subbaiah Circle,
                         Bangalore-560 027.
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                                      NC: 2023:KHC:24408
                                           RFA No. 784 of 2021




2.   Indian Oil Corporation Ltd.,
     Represented by its
     Senior Retail Manager/Deputy General Manager
     (Retail Sales)
     Having Service Station At:
     Property bearing Sy. No.43/1
     Khatha No.40, Byrasandra,
     Uttarahalli Hobli,
     Banneraghatta Road,
     Bangalore South Taluk,
     Bangalore -560 029

     And also Office at:
     Divisional Office, No.29
     Indian Oil Bhavan,
     Mission Road,
     Bangalore- 560 027.
                                                  ...Respondents
(By Sri. Narayan M., Advocate for Caveator/R-1
 Sri Dhanjay Joshi, Advocate for R-2 )


      This Regular First Appeal is filed under Order 41 Rule 1
read with Section 96 of the Civil Procedure Code, praying to call
for entire records from the Court of XXV Addl. City Civil and
Sessions Judge at Bengaluru, CCH-23, in O.S.No.8543/2019
and to set aside the impugned judgment and decree dated
04.01.2021 passed by the Court of XXV Addl. City Civil and
Sessions Judge at Bengaluru, CCH-23 in O.S.No.8543/2019 by
allowing this appeal and grant such other relief/s as this Court
deems fit to grant under the facts and circumstances of the
case, in the interest of justice and equity.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
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                                       NC: 2023:KHC:24408
                                            RFA No. 784 of 2021




                               ORDER

Heard the submission of learned counsels from both

side.

2.The appellant has got this matter listed by moving

a specific memo and has filed a memo dated 03.07.2023

seeking dismissal of this appeal as having become

infructuous. Learned counsel for the appellant also makes

a supporting submission.

In view of the memo and supporting submission

made by learned counsel for the appellant, the Appeal

stands dismissed as having become infructuous.

Sd/-

JUDGE

bk