Karnataka High Court
Dr. Prathiba. K vs Mr. M. Krishnappa on 18 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:15217-DB
RFA No. 1188 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1188 OF 2017 (PAR)
BETWEEN:
DR. PRATHIBA K
D/O. M. KRISHNAPPA,
W/O. RAVI. M,
AGED ABOUT 43 YEARS,
R/AT JOTHAIAH BUILDING,
NO.15, 4TH CROSS,
LAKKASANDRA, BANGALORE-560 030.
...APPELLANT
(BY SRI. JAYAKRISHNA T.S., ADV. FOR
SMT. MAYA HOLLA, ADV.)
AND:
1. MR. M. KRISHNAPPA
Digitally
signed by A K S/O. LATE MUNIYAPPA,
CHANDRIKA AGED ABOUT 74 YEARS,
Location: C/O. CHANDRASHEKAR,
HIGH COURT NO. 1648/3, 10TH MAIN ROAD,
OF HAL 3RD STAGE, JEEVANBHEEMANAGAR,
KARNATAKA
BANGALORE-560 008.
2. MR. MAHESH. K
S/O. M. KRISHNAPPA,
AGED ABOUT 46 YEARS,
NO.79, 20TH B MAIN, 13TH CROSS,
MARUTHINAGAR MAIN ROAD,
BTM LAYOUT, 1ST STAGE,
BANGALORE-560 068.
3. DR. HARISH. K
S/O. M. KRISHNAPPA,
AGED ABOUT 42 YEARS,
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RFA No. 1188 of 2017
4. SMT. SHANTHAMMA
W/O. M. KRISHNAPPA,
AGED ABOUT 66 YEARS,
BOTH ARE 3 AND 4 ARE
RESIDING AT NO. 12,
17TH CROSS, MUNIYAPPA GARDEN,
GAJENDRANAGAR MAIN ROAD,
ANEPALYA, ADUGODI POST,
BANGALORE-560 030.
5. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE,
BANGALORE.
6. THE ASST. REVENUE OFFICER
BRUHAT BANGALORE MAHANAGARA PALIKE,
WARD NO.145,
SUDHAMANAGARA
BANGALORE -560 027.
7. THE ASST. REVENUE OFFICER
BRUHAT BANGALORE MAHANAGARA PALIKE,
WARD NO.119, THIGALARPET,
BANGALORE -560 002.
8. THE ASST. REVENUE OFFICER
BRUHAT BANGALORE MAHANAGARA PALIKE,
WARD NO.117,
ANEPALYA, ADUGODI POST,
BANGALORE- 560 030.
9. MR. K. KUMAR
S/O. LATE KRISHNASWAMY,
AGED ABOUT 43 YEARS,
R/AT NO.2 (BBMP NO.136),
AMARATHI VILAS, 4TH CROSS,
BHUWANESHWARINAGAR,
C.V. RAMANNAGAR POST,
BANGALORE-560 093.
10. MR. SEETHARAM C
AGED ABOUT 58 YEARS
TENANT AT NO.77/1
SITUATED AT 8TH CROSS
SUDHAMANAGAR
BANGALORE-560 027.
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NC: 2024:KHC:15217-DB
RFA No. 1188 of 2017
11. MR. GOUTAM KUMAR @ BHAVARALAL
M/S VARDHAMAN ELECTRONICS
NO.6, MUNISWAMAPPA LANE
S.P. ROAD CROSS
BANGALROE-560 002.
12. M/S. ESSAR AUTOMOTIVES
SHOP NOS. 3 & 4
GROUND FLOOR, PROPERTY NO.12
SITUATED AT ANEPALYA MAIN ROAD
GAJENDRA NAGAR, ADUGODI
BENGALURU-560030.
13. P.G. YATHISH
GROUND FLOOR
SAI SANJEEVENI AMBULANCE SERVICE
STAIRCASE ROOM
GAJENDRA NAGAR, ADUGODI
BENGALURU -560 030.
14. SMT. PRATHIBA RAJ @ PRATHIBA MAHESH
W/O K. MAHESH
AGED ABOUT 39 YEARS
NO.79, 20TH B MAIN
13TH CROSS, MARUTHINAGAR
MAIN ROAD, BTM LAYOUT 1ST STAGE
BANGALORE-560 068.
...RESPONDENTS
(BY SRI. BASAVARAJU BELAVANGALA, ADV. FOR C/R2
SMT. NIRMALA KRISHNA, ADV. FOR R1
SRI H.C.SHIVARAMU, ADV. FOR R3 & R4
R5, R8, R9 TO R12 & R14 ARE SERVED & UNREPRESENTED
R7- SERVICE OF NOTICE IS H/S V.C.O. DT:06.06.2018)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE ORDER DATED 20.04.2017 PASSED ON IA.NO.2 IN
OS.NO.26476/2014 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL
JUDGE, BENGALURU ALLOWING THE IA.NO.2 FILED UNDER ORDER
VII RULE 11 (D) R/W SEC.151 OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC:15217-DB
RFA No. 1188 of 2017
JUDGMENT
Learned counsel Sri.T.S.Jayakrishna for Smt.Maya
Holla, learned counsel for the appellant files memo dated
18.04.2024 which reads as follows:
"The appellant submits that the dispute that
arise for consideration in the above appeal has
been settled out of Court and hence is no longer
willing to prosecute the case. In view of the same,
this Hon'ble Court may be pleased to permit the
appellant to withdraw the above appeal as not
pressed."
2. Memo is placed on record.
3. In terms of the memo, appeal stands dismissed
as not pressed.
SD/-
JUDGE
SD/-
JUDGE
NC
CT:bms
