S Syed Humayun vs Smt Rani Balu
2023 Latest Caselaw 6917 Kant

                                              -1-
                                                          NC: 2023:KHC:35679
                                                       RSA No. 2467 of 2018




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 3RD DAY OF OCTOBER, 2023

                                            BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                             REGULAR SECOND APPEAL NO.2467 OF 2018

                   BETWEEN:

                   S SYED HUMAYUN
                   AGED ABOUT 45 YEARS
                   S/O LATE SYED MOHAMMED
                   R/AT NO.26, 2ND CROSS, 2ND STAGE
                   GAYATHRIPURAM,
                   MYSORE-570019

                                                            ...APPELLANT
                   (BY SRI KRISHNAMURTHY G HASYAGAR, ADVOCATE)
                   AND:

                   1.   SMT. RANI BALU
                        AGED ABOUT 55 YEARS
Digitally signed        W/O LATE V BALU
by SHARANYA T           R/AT NO.39, MOKSHA MARGA
Location: HIGH          SIDDARTHA NAGAR
COURT OF
KARNATAKA               MYSURU-570001

                   2.   H G JAYAGOPAL
                        AGED ABOUT 65 YEARS
                        S/O LATE GOVINDARAJU
                        R/AT NO.460, NORTH SIDE,
                        2ND STAGE, GAYATHRIPURAM
                        MYSURU-570019

                                                             ...RESPONDENTS

                   (BY SRI GANAPATHI SUBBARAYA BHAT, ADVOCATE FOR C/R2)
                             -2-
                                          NC: 2023:KHC:35679
                                       RSA No. 2467 of 2018




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 20.08.2018
PASSED IN R.A.NO.37/2018 ON THE FILE OF THE II
ADDITIONAL DISTRICT JUDGE, MYSURU AND ETC.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                       JUDGMENT

The learned counsel for the appellant has filed a memo

stating that already possession was handed over in terms of

the order dated 23.06.2023 in H.R.R.P. No.26/2016 and hence,

the appellant may be permitted to withdraw the appeal. In

view of the said memo, the counsel for the appellant is

permitted to withdraw the appeal. Accordingly, the appeal is

dismissed as withdrawn.

2. The office is directed to refund the Court fee in

accordance with law.

2. In view of withdrawal of the main appeal, I.As if

any, do not survive for consideration and the same stand

disposed of.

Sd/-

JUDGE

SN