Smt S Menakabai vs Mrs. Besterwtitch
2023 Latest Caselaw 6784 Kant

                                                   -1-
                                                            NC: 2023:KHC:34929
                                                          RFA No. 2203 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 25TH DAY OF SEPTEMBER, 2023

                                               BEFORE
                               THE HON'BLE MR JUSTICE K.NATARAJAN
                       REGULAR FIRST APPEAL NO. 2203 OF 2017 (DEC/INJ)
                      BETWEEN:

                            SMT. S. MENAKABAI,
                            W/O LATE V, SURESH,
                            AGED ABOUT 61 YEARS,
                            R/AT NO.188/1,
                            2ND CROSS,D MAIN ROAD,
                            RAMAIAH LAYOUT,
                            ST.THOMAS TOWN POST,
                            KACHARAKANAHALLI,
                            BANGALORE - 560 084.
                                                                  ...APPELLANT
                      (BY SRI. N.K. HARISH, ADVOCATE)

                      AND:

                      1.    MRS. BESTERWTITCH,
Digitally signed by         W/O JOSEPH ESTERWRITCH,
REKHA ANKAIAH
Location: High
                            AGED ABOUT 45 YEARS,
Court of                    R/AT NO.1675/2,
Karnataka
                            MUNISWAMAPPA LAYOUT,
                            ITC ROAD, SY.NO.4/1, BYATAGUTTAPALYA,
                            RAMASWAMY PLAYA, KASABHA HOBLI,
                            BANGALORE NORTH TALUK,
                            BANGALORE - 560 033.
                            (SUIT AGAINST THE 1ST DEFENDANT DISMISSED
                            ON 28.08.2006 SINCE SHE DIED LONG BACK)
                      2.    MR. CHRISTHAPHER,
                            S/O N.J. BARNA BAS,
                            AGED ABOUT 61 YEARS,
                               -2-
                                           NC: 2023:KHC:34929
                                         RFA No. 2203 of 2017




    R/AT NO.1675/2,
    MUNISWAMAPPA LAYOUT,
    ITC ROAD, SY.NO.4/1,
    BYATAGUTTAPALYA, RAMASWAMY PLAYA,
    KASABHA HOBLI, BANGALORE NORTH TALUK,
    BANGALORE - 560 033.
                                      ...RESPONDENTS
(BY SRI. K.V. NARASIMHAN, ADVOCATE FOR C/R2;
    VIDE ORDER DATED 30.11.2018, NAME OF R1 DELETED)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED: 09.11.2017 PASSED IN
OS.NO.6305/2006 ON THE FILE OF THE 24th ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING
THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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

                         JUDGMENT

1. Learned counsel for the appellant has filed a memo

for withdrawing the appeal.

3. The Submission of learned counsel for appellant and

memo is placed on record.

4. Appeal is dismissed as withdrawn.

Sd/-

JUDGE

AS

CT:SNN