Sri Keshava Kumar vs Sri R Narayana Swamy
2023 Latest Caselaw 7115 Kant

                                        -1-
                                                     NC: 2023:KHC:36670
                                                   RFA No. 1166 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                      BEFORE

                     THE HON'BLE MR JUSTICE V SRISHANANDA

                   REGULAR FIRST APPEAL NO. 1166 OF 2014 (INJ)

             BETWEEN:

                   SRI KESHAVA KUMAR
                   S/O LATE ASHWATHANARAYANA
                   29 YEARS,
                   R/A SHIVAMATA ROAD,
                   GOVINDAPURA, ARABIC COLLEGE POST,
                   BANGALORE-560 045

                                                     ...APPELLANT
             (BY SRI G D ASWATHANARAYANA, SRI G.A.MITHUN, & SRI
             SIDDAPPA, ADVOCATES)

             AND:

             1.    SRI R NARAYANA SWAMY
                   S/O LATE RAMAIAH,
Digitally
signed by          AGED ABOUT 79 YEARS,
BHARATHI S         R/A NEAR GOVERNMENT SCHOOL ROAD,
Location:
HIGH               GOVINDAPURA, ARABIC COLLEGE POST,
COURT OF
KARNATAKA          BANGALORE-560 045

             2.    SRI GOUTAM R NISHAD
                   S/O RAMAKARAN NISHAD,
                   AGED ABOUT 28 YEARS,
                   R/A NO.703-A,
                   AKASH 5, 7TH FLOOR, SANTA CRUZ EAST,
                   VAKOLA BRIDGE,
                   MUMBAI-500055

                                                          ...RESPONDENTS
             (BY SRI LOKESH K., ADVOCATE FOR R1)
                                   -2-
                                                 NC: 2023:KHC:36670
                                               RFA No. 1166 of 2014




     RFA FILED U/O 41 RULE1 R/W SEC. 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 05.02.2014 PASSED IN
O.S.798/2012 ON THE FILE OF THE XXXIX-ADDL. CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT
FOR PERMANENT INJUNCTION, ETC.,

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

                           JUDGMENT

Learned counsel for appellant has filed a memo for

withdrawal of the appeal. Memo reads as follows:

" The undersigned counsel appearing for appellant herewith submits that appellant is seeking to withdraw the above petition and hence, this Hon'ble Court may be pleased to dispose off the petition by passing an order in the above petition as 'not pressed' by the appellant, in the interest of justice and equity."

2. In view of the above, the appeal is dismissed as not

pressed.

Sd/-

JUDGE

VK