Sri H Shamaih vs Sri C S Annaiah Reddy
2023 Latest Caselaw 6597 Kant

                                         -1-
                                                 NC: 2023:KHC:34040
                                               RFA No. 1506 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.1506 OF 2007 (SP)
            BETWEEN:

            SRI H SHAMAIH
            S/O LATE HANUMAPPA
            MAJOR, R/AT NO.637,
            29TH MAIN, 1ST PHASE,
            J.P.NAGAR,
            BANGALORE -78.
                                                       ...APPELLANT
            (BY SRI C S VINOD, ADVOCATE)

            AND:

                   SRI C S ANNAIA/H REDDY
                   S/O SOMAGUNDA REDDY

                   SINCE DEAD REPRESENTED
Digitally          BY LEGAL REPRESENTATIVES
signed by
MALATESH
KC          1.     SMT.BHAGYAMMA
Location:
HIGH               W/O LATE ANNAIAH REDDY,
COURT OF
KARNATAKA          MAJOR

            2.     SRIDHAR,
                   S/O LATE ANNAIAH REDDY
                   MAJOR

            3.     HEMAVATHI,
                   D/O LATE ANNAIAH REDDY
                   MAJOR

                   ALL ARE RESIDING AT
                                 -2-
                                            NC: 2023:KHC:34040
                                          RFA No. 1506 of 2007




     NO.348, BASAVANNA TEMPLE STREET
     KORAMANGALA 8TH BLOCK,
     KORAMANGALA POST
     BANGALORE.
                                                 ...RESPONDENTS
[BY SRI C N ACHUTHAMURTHY, ADVOCATE FOR R1(A TO C)]

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER XLI OF CIVIL PROCEDURE CODE AGAINST THE
JUDGMENT        AND    DECREE     DT.7.11.2006     PASSED     IN
O.S.NO.3689/1997 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE (CCH-16), PARTLY DECREEING THE
SUIT FOR SPECIFIC PERFORMANCE.

     THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

Learned counsel for the appellant has filed a memo.

Memo reads as under:

"The appellant herein most respectfully prays that this Hon'ble Court may be pleased to permit the appellant to withdraw this appeal and permit the appellant to take recourse in terms of decree, same may be taken on record in the interest of justice and equity."

2. In view of the memo, appellant is permitted to withdraw

the appeal.

NC: 2023:KHC:34040 RFA No. 1506 of 2007

In view of dismissal of the appeal, plaintiff is entitled for

refund of the advance amount of Rs.20,000/- with interest at

the rate of 6% interest per annum.

Sd/-

JUDGE

MR