Smt Jayanthi Vijayakrishna vs Shri R Shivaprasad
2023 Latest Caselaw 3843 Kant

                                             -1-
                                                         NC: 2023:KHC:22521
                                                          RFA No. 483 of 2008




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 30TH DAY OF JUNE, 2023

                                          BEFORE

                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                     REGULAR FIRST APPEAL NO. 483 OF 2008 (INJ)


                BETWEEN:

                1.    SMT JAYANTHI VIJAYAKRISHNA
                      W/O.SHRI VIJAYAKRISHNA PADUKONE
                      AGED ABOUT 41 YEARS

                2.    SHRI VIJAYAKRISHNA PADUKONE
                      S/O.BACHA POOJARI
                      AGED ABOUT 50 YEARS

                      BOTH ARE R/A NO.8, 8TH MAIN ROAD
                      15TH CROSS, BSK 2ND STAGE
                      BANGALORE
                                                                ...APPELLANTS
Digitally signed (BY SRI. RAVI L VAIDYA, ADVOCATE)
by
DHANALAKSHMI
MURTHY           AND:
Location: High
Court of         1. SHRI R SHIVAPRASAD
Karnataka            S/O.LATE.P.K.RAMASWAMY NAIDU
                     AGED ABOUT 48 YEARS

                2.    SMT MALA SHIVAPRASAD
                      W/O.R.SHIVAPRASAD
                      AGED ABOUT 38 YEARS

                      BOTH ARE R/AT.NO.906, 20TH MAIN,
                      BSK 2ND STAGE, BANGALORE
                                                              ...RESPONDENTS
                (BY SRI. B A SRINIVAS, ADVOCATE)
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                                             NC: 2023:KHC:22521
                                              RFA No. 483 of 2008




     THIS RFA IS FILED U/S.96 R/W O XLI R 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DT.25.1.2008 PASSED
IN O.S.NO.427/2007 ON THE FILE OF THE XXXIX ADDL. CITY
CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE
SUIT FOR PERMANENT INJUNCTION.

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


                          JUDGMENT

Learned counsel for the appellants has filed a memo

seeking leave of this Court to withdraw the appeal on the

ground that the suit has been dismissed since the plaintiffs

have failed to prove that the defendants are interfering

into their peaceful possession of the suit schedule

property. Hence he contended that if there is any

interference in future, they may be permitted to file a suit,

in accordance with law.

2. Memo is taken on record.

3. Accordingly, the appeal is dismissed as

withdrawn, with liberty to file a fresh suit, if law permits.

NC: 2023:KHC:22521 RFA No. 483 of 2008

4. In view of dismissal of the appeal, pending I.As.,

if any, do not survive for consideration and are accordingly

disposed of.

Sd/-

JUDGE

RD