Smt Lepakshi vs Sri M A Mulla
2023 Latest Caselaw 6596 Kant

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                                                  NC: 2023:KHC:34006
                                                RFA No. 1710 of 2007




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
                                       BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
                REGULAR FIRST APPEAL NO. 1710 OF 2007 (INJ)
            BETWEEN:

            SMT. LEPAKSHI,
            AGED ABOUT 38 YEARS,
            W/O SRI. V. S. PAPANNA,
            RESIDING EARLIER AT
            NO. 663, 'D' BLOCK, 1ST MAIN,
            RAJAJINAGAR II STAGE,
            BANGALORE - 10

            AND NOW AT NO.144K,
            11TH CROSS, 19 'A' MAIN,
            RAJAJINAGAR I BLOCK,
            BANGALORE - 10.
                                                        ...APPELLANT
            (BY SRI. RAJARAM GAONKAR, ADVOCATE FOR
                SRI. G. R. ANANTHARAM, ADVOCATE)

            AND:
Digitally
signed by   SRI. M. A. MULLA,
MALATESH    AGED ABOUT 66 YEARS,
KC
Location:   S/O LATE A. R. MULLA,
HIGH        RESIDING AT NO. 285,
COURT OF
KARNATAKA   M.R.C.R. 20TH MAIN, VIJAYANAGAR,
            BANGALORE - 40.
                                                      ...RESPONDENT
            (BY SRI. VIJAYAKUMAR PRAKASH, ADVOCATE)
                 THIS RFA IS FILED U/S.96 AND O 41 R 1 OF CPC
            AGAINST THE JUDGMENT AND DECREE DATED 18.4.2007
            PASSED IN O.S.NO.4882/2004 ON THE FILE OF THE XVII
            ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-16), DECREEING
            THE SUIT FOR PERMANENT INJUNCTION.
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                                            NC: 2023:KHC:34006
                                          RFA No. 1710 of 2007




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

                         JUDGMENT

Learned counsel for the appellant has filed a memo

dated 19.09.2023, which reads as under:

"The Appellant in the above regular first appeal humbly submits that the above appeal is preferred against the exparte Judgement and decree for bare Injunction dated 18.04.2007 in O.S.No.4882/2004 passed by the trail court, i.e., the learned 17th Additional City Civil Judge, Bengaluru against her. The appellant humbly prays that the hon'ble Court may be pleased to dispose off the above first appeal reserving liberty to the defendant- Appellant herein to institute a comprehensive suit against the Respondent herein and work out her remedy in accordance with law and the findings in the suit appealed herein shall not come in the way of such suit, in the interest of justice".

In view of the said memo, appeal stands dismissed

with liberty as prayed for.

Sd/-

JUDGE

AT

CT: BHK