Mr . G R Nataraj vs Wilasa Apartment Owners ...
2023 Latest Caselaw 7330 Kant

                                              -1-
                                                            NC: 2023:KHC:37977
                                                       MFA No. 8492 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF OCTOBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8492 OF 2022 (CPC)
                   BETWEEN:

                   1.     MR . G R NATARAJ
                          AGED ABOUT 80 YEARS
                          S/O LATE G RAJAIH SHETTY
                          APAREMENT NO Z-001 AND Z-002
                          WILASA GRAND VILLAMENTS
                          DODDAKALLASADNRA
                          12TH KILOMETER, KANAKAPURA ROAD
                          JP NAGAR, 9TH PHASE
                          BANGALORE 560062.

                   2.    CHARAN G R
                         S/O MR G R NATARAJ
                         AGED 42 YEARS
                         APARTMENT NO Z-304 AND Z-404
                         WILASA GRAND APARTMENT
                         DODDAKALLASNDARA
Digitally signed         12TH KILOMETER, KANAKPAURA ROAD
by                       JP NAGAR, 9TH PHASE
DHANALAKSHMI             BANGALORE 560062.
MURTHY
                                                                 ...APPELLANTS
Location: High
Court of           (BY SRI. KIRAN B.S., ADVOCATE AND
Karnataka
                   SRI. AKUL MANOJ, ADVOCATE)
                   AND:

                   WILASA APARTMENT OWNERS ASSOCIATION
                   WILASA GRAND VILLAMENTS
                   SY NO 35/3, DODDAKALLASANDRA VILLAGE
                   UTTARAHALLI, BANGALORE 560062
                   REP BY ITS SECRETARY RAJAT SAHDEV
                                                                ...RESPONDENT
                   (BY SMT. SHOBHA BHAVIKATTI., ADVOCATE)
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                                        NC: 2023:KHC:37977
                                      MFA No. 8492 of 2022




     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SEC.151 OF CPC, AGAINST THE ORDER DATED:25.11.2022
PASSED IN O.S.NO.2415/2021 ON THE FILE OF THE XIV
ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH-28),
ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF
CPC.

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

The learned counsel for the appellants has filed a

memo dated 25.10.2023 stating that the appellant seeks

permission of this Court to withdraw the appeal as it has

become infructuous.

Memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

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

are dismissed.

Sd/-

JUDGE

DM