Smt Lakshmi Devamma vs Sri K Srinivas Prasad
2023 Latest Caselaw 3858 Kant

                                             -1-
                                                    NC: 2023:KHC:22590
                                                      RFA No. 1663 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF JUNE, 2023

                                        BEFORE
                    THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO.1663 OF 2017 (INJ)
               BETWEEN:
               1.    SMT LAKSHMI DEVAMMA
                     SINCE DEAD BY HER LR.

                     SRI RAGHAVACHAR
                     S/O.LATE RANGAPPA
                     AGED ABOUT 70 YEARS
                     R/AT NO.2/23, POOJARI LAYOUT
                     GEDDALAHALLI, RMV 2ND STAGE
                     BENGALOURU-560 094
                                                              ...APPELLANT
               (BY SMT.G.M.SUNITHA FOR
                   SRI SOMASHEKAR K.H., ADVOCATE)
               AND:
               1.    SRI K.SRINIVAS PRASAD
                     S/O.LATE D.K.KEMPARAJU
Digitally            AGED ABOUT 34 YEARS
signed by
VEENA
KUMARI B
               2.    SMT.K.V.VASANTHA LAKSHMI
Location:
High Court           D/O.LATE D.K.KEMPARAJU &
of Karnataka
                     W/O.SRI L.PRABHU
                     AGED ABOUT 40 YEARS

                     R-1 AND R-2 ARE RESIDING AT
                     NO.9, 12TH CROSS
                     VYALIKAVAL, KODANDARAMPURA
                     BENGALURU-560 003

               3.    SRI B.S.YEDDYURAPPA
                     S/O.LATE SIDDALINGAPPA
                     AGED ABOUT 74 YEARS
                               -2-
                                    NC: 2023:KHC:22590
                                         RFA No. 1663 of 2017




    R/AT NO.381, RMV 2ND STAGE
    2ND BLOCK, 6TH CROSS
    BENGALURU-560 094

                                              ...RESPONDENTS
(RESPONDENTS ARE SERVED)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 28.04.2017 PASSED IN O.S.No.4007/2012 BY
XXIX ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-30)
AND ETC.

     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, who is physically

present before the Court, has filed a memo seeking

withdrawal of this appeal with liberty to file a suit for

declaration and possession.

2. Perused the memo and heard the submission of

the learned counsel for the appellant.

3. The appellant, who lost the suit for permanent

injunction before the trial Court, has preferred this appeal.

4. Though the appeal is of the year 2017, it is now

the appellant is coming up with the present memo.

NC: 2023:KHC:22590 RFA No. 1663 of 2017

5. In the light of the above, the appeal is dismissed

as not pressed. However, filing of any other suit for

declaration and possession to be in accordance with and as

per law.

In view of the above, pending I.As. does not survive.

Sd/-

JUDGE

LB