Smt.Triveni vs Smt Jasintha
2023 Latest Caselaw 4703 Kant

                                                  -1-
                                                        NC: 2023:KHC:25239
                                                          RFA No. 1449 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF JULY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1449 OF 2011 (INJ)
                   BETWEEN:

                   1.    SMT.TRIVENI
                         AGED ABOUT 46 YEARS
                         W/O RAJAN
                         R/A A PORTION OF PREMISES NO. 333
                         (MODEL HOUSE) 5TH CROSS
                         SADHASHIVAMUDALIAR ROAD
                         MURPHY TOWN, HALASURU
                         BANGALORE-08.

                   2.    SMT. DHANAMMAL
                         AGED ABOUT 68 YEARS
                         W/O LATE MUTHU
                         SINCE DEAD BY HER LR'S

                   2(a) SRI.P.M. SESHADRI
Digitally signed
by                     S/O LATE P MUTHU
DHANALAKSHMI           AGED ABOUT 59 YEARS
MURTHY                 RESIDING AT No.5, 6TH CROSS
Location: High         GANDHI NAGAR, KADUGONDANA HALLI
Court of               BANGAORE-560 045.
Karnataka
                   2(b) SRI. P.M. PARIVALLAL
                        S/O LATE P MUTHU
                        AGED ABOUT 55 YEARS
                        RESIDING AT No.268, 4TH SQUARE
                        MURPHY TOWN, ULSOOR
                        BANGALORE-560 008.

                   2(c) SRI P M KUMARAN
                        S/O LATE P MUTHU
                                  -2-
                                       NC: 2023:KHC:25239
                                           RFA No. 1449 of 2011




    AGED ABOUT 52 YEARS
    RESIDING AT No.268, 4TH SQUARE
    MURPHY TOWN, ULSOOR
    BANGALORE-560008.

2(d) KALAIVANI SUBRAMANI
     D/O LATE P MUTHU
     AGED ABOUT 48 YEARS
     RESIDING AT No.72, ANANTHA NAIR
     PARK ROAD. MURPHY TOWN
     ULSOOR, BANGALORE-560 008.
                                                      ...APPELLANTS
(BY SRI. P B RAJU.,ADVOCATE)

AND:

SMT JASINTHA
W/O SRI NARAYAN
AGED 40 YEARS
R/A PORTION OF PREMISES NO. 333
(MODEL HOUSE) 5TH CROSS
SADHASHIVA MUDALIAR ROAD
MURPHY TOWN, HALASURU
BANGALORE-08
                                                  ...RESPONDENT
(BY SRI. K M ANIL KUMAR.,ADVOCATE)

       THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST    THE       JUDGMENT    AND   DECREE    DATED:1.3.2011
PASSED IN O.S.NO.26825/2008 ON THE FILE OF THE IV ADDL.
CITY    CIVIL    &    SESSIONS    JUDGE,   MAYO       HALL     UNIT,
BANGALORE,       (CCH    21),    DISMISSING     THE     SUIT    FOR
PERMANENT INJUNCTION.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                 -3-
                                       NC: 2023:KHC:25239
                                           RFA No. 1449 of 2011




                           JUDGMENT

The learned counsel for the appellant has filed a

memo dated 17.3.2022 stating that in view of dismissal of

suit for injunction, the appellant-plaintiff intends to file a

comprehensive suit for possession, declaration and other

reliefs. Hence, he seeks permission of this Court to

withdraw the appeal.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty to the appellant-plaintiff to file a

comprehensive suit, if law permits.

Sd/-

JUDGE

DM