Sathyanarayana vs P Rama
2023 Latest Caselaw 7972 Kant

Karnataka High Court

Sathyanarayana vs P Rama on 21 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                -1-
                                                         NC: 2023:KHC:41798-DB
                                                           RFA No. 518 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                               PRESENT
                          THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
                                                 AND
                   THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
                          REGULAR FIRST APPEAL NO. 518 OF 2016 (SP)
                   BETWEEN:

                   SATHYANARAYANA
                   S/O SUBBAIAH SETTY
                   AGED ABOUT 37 YEARS
                   INAGALUR VILLAGE
                   MADAKSIRA TALUK
                   TUMKUR DISTRICT-572 101                       ...APPELLANT

                   (BY SHRI. B.C. RAJEEVA, ADVOCATE)

                   AND:

                   1.    P. RAMA
                         W/O SRINIVASMURTHY
                         AGED ABOUT 62 YEARS
Digitally signed
by YASHODHA N      2.    SRINIVASMURTHY
Location: HIGH           S/O G.R. GOVINDAPPA
COURT OF
KARNATAKA                AGED ABOUT 72 YEARS

                   3.    MAMATHA
                         D/O SRINIVAMURTHY
                         AGED ABOUT 41 YEARS

                   4.    VEENA
                         D/O SRINIVASMURTHY
                         AGED ABOUT 39 YEARS
                             -2-
                                      NC: 2023:KHC:41798-DB
                                        RFA No. 518 of 2016




5.   MALINI
     D/O SRINIVASAMURTHY
     AGED ABOUT 37 YEARS

6.   ROOPA
     D/O SRINIVASMURTHY
     AGED ABOUT 34 YEARS

7.   NAVEEN KUMAR
     S/O SRINIVASMURTHY
     AGED ABOUT 33 YEARS

     ALL ARE RESIDING AT
     JYOTHINAGARA
     SIRA TOWN
     TUMKUR DISTRICT-572 101                  ...RESPONDENTS

(BY SHRI. G.C. MAHABALESHWARA, ADVOCATE FOR R1 & 3 TO 7;
    VIDE ORDER DATED 03.09.2022
    APPEAL STANDS DISMISSED AGAINST R2)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST THE
JUDGMENT AND DECREE DATED 27.01.2016 PASSED IN OS.NO.41/2012
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., SIRA,
DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT
INJUNCTION.

     THIS   RFA, COMING     ON    FOR   ORDERS,    THIS    DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Shri B.C.Rajeeva, learned advocate for the appellant has

filed memo dated 08.11.2023 seeking leave to withdraw this

appeal.

2. Leave granted. This appeal is dismissed as

withdrawn.

NC: 2023:KHC:41798-DB

3. Registry is directed to refund the court fee to the

appellant in accordance with law.

4. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive and they

stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YN