Smt. S. Nirmala vs Shri. H.M. Dayanand
2023 Latest Caselaw 6351 Kant

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                                                     NC: 2023:KHC:32361
                                                    RFA No. 308 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                     BEFORE

                     THE HON'BLE MR JUSTICE V SRISHANANDA

                 REGULAR FIRST APPEAL NO. 308 OF 2016 (DEC/INJ)

            BETWEEN:

            1.    SMT. S. NIRMALA
                  W/O LATE M.R.SHEKAR,
                  AGED ABOUT 46 YEARS,

            2.    SHRI S NANDAKUMAR
                  S/O LATE M.R.SHEKAR,
                  AGED ABOUT 26 YEARS,

            BOTH RESIDING AT NO. 54,
            RAILWAY PARALLEL ROAD,
            KUMARA PARK WEST,
            BANGALORE - 560 020.
                                                          ...APPELLANTS
            (BY SRI. VIKHAR AHMED B, ADVOCATE)

            AND:
Digitally
signed by
MALATESH          SHRI H.M. DAYANAND
KC
Location:
                  S/O LATE H. S. NANJAPPA,
HIGH              SINCE DECEASED,
COURT OF          REPRESENTED BY HIS LEGAL HEIRS,
KARNATAKA
            1.    SMT. GOWRAMMA,
                  W/O LATE H.M.DAYANAND
                  AGED ABOUT 78 YEARS,

            2.  SHRI H D GIRISH
                S/O LATE H.M. DAYANAND
                AGED ABOUT 50 YEARS,
            BOTH (A) AND (B) ARE R/AT,NO.56,
            RAILWAY PARALLEL ROAD,
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                                           NC: 2023:KHC:32361
                                         RFA No. 308 of 2016




KUMARA PARK WEST,
BANGALORE- 560 020

3.   SHRI MAHESH
     S/O LATE H.M. DAYANAND
     AGED ABOUT 52 YEARS,
     RESIDING AT NO.343, 1ST FLOOR,
     K.H.B. COLONY, 1ST STAGE, 6TH MAIN,
     BASAVESHWARA NAGARA,
     BANGALORE - 560 079

4.   SMT. VINUTHA NIRANJAN
     W/O SHRI NIRANJAN
     D/O LATE H.M. DAYANAND,
     AGED ABOUT 53 YEARS,
     RESIDING AT NO.11, BLOCK-7,
     SBM COLONY, SRIRAMPURA,
     BANGALORE- 560 023

5.   SMT. SUNITHA
     W/O SHRI CHANDRESHKAR,
     D/O LATE H.M. DAYANAND,
     AGED ABOUT 48 YEARS,
     RESIDING AT 1199, 12TH 'C' CROSS,
     1ST STAGE, VIJAYNAGAR,
     BANGALORE - 560 017.

6.   THE COMMISSIONER
     BRUHAT BANGALORE MAHANAGAR
     PALIKE WARD NO. 94, N.R.SQUARE,
     BANGALORE - 560 002.

7.   THE HEALTH INSPECTOR
     BRUHAT BANGALORE MAHANAGAR
     PALIKE WARD NO. 94,
     NEHRUNAGAR,
     BANGALORE - 560 020.
                                        ...RESPONDENTS
(BY SRI. R B SADASIVAPPA ADVOCATE FOR C R2;
    SRI. K.N. PUTTEGOWDA ADVOCATE FOR R6 AND R7;
    R1& R3 TO R5 UNSERVED)
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                                          NC: 2023:KHC:32361
                                        RFA No. 308 of 2016




     THIS RFA IS FILED UNDER SEC.96(1) OF CPC.,1908
AGAINST THE JUDGMENT AND DECREE DATED 23.01.2016
PASSED IN OS.NO.3271/2010 ON THE FILE OF THE XXVII
ADDL. CITY CIVIL JUDGE, BENGALURU PARTLY DECREEING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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

                          JUDGMENT

Learned counsel for the appellants has filed a

memo praying to dismiss the appeal as withdrawn.

2. The said memo reads as under:

"The appellant craves the leave of this Hon'ble Court to withdrawn the present appeal. This appeal may be dismissed as withdrawn in the interest of justice and equity."

3. In view of the memo, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE

PB