Shri M.C. Shivakumar vs Shri Manjunath
2024 Latest Caselaw 19575 Kant

Karnataka High Court

Shri M.C. Shivakumar vs Shri Manjunath on 5 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                 NC: 2024:KHC:31022
                                               RFA No. 1933 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 05TH DAY OF AUGUST, 2024

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR FIRST APPEAL No.1933 OF 2024 (DEC/INJ)
            BETWEEN:

            1.    SHRI M.C. SHIVAKUMAR
                  S/O LATE CHIKKANNA,
                  AGED ABOUT 54 YEARS,
                  R/AT NO.70/2,
                  MARIYAPPANAPALLYA,
                  JNANABHARATHI POST,
                  BENGALURU-560 056.
                                                       ...APPELLANT
            (BY SRI HEMANTH.S, FOR
            SRI MANJUNATH K V, ADVOCATES)
            AND:

            1.    SHRI MANJUNATH
                  S/O. GANGAHANUMAIAH,
                  AGED ABOUT 57 YEARS,
Digitally         R/AT SULIKERE PALYA,
signed by         KENGERI HOBLI,
MALATESH          BENGALURU SOUTH TALUK,
KC                BENGALURU-560 060.
Location:
HIGH        2.    SHRI. KRISHNAPPA,
COURT OF
KARNATAKA         S/O. RANGANNA,
                  AGED ABOUT 65 YEARS,
                  R/AT SULIKERE PALYA,
                  KENGERI HOBLI,
                  BENGALURU SOUTH TALUK,
                  BENGALURU-560 060.
                                                    ...RESPONDENTS
                                   -2-
                                                NC: 2024:KHC:31022
                                              RFA No. 1933 of 2024




     THIS RFA IS FILED UNDER 96 R/W ORDER 41 RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
26.03.2024 PASSED IN OS NO.2325/2007 ON THE FILE OF VII
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BENGALURU
RURAL DISTRICT, BENGALURU., DECREEING THE SUIT FOR
DECLARATION AND PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL JUDGMENT

Memo is filed, which reads as under:

"The appellant humbly submits that he may be permitted to withdraw the above appeal with liberty to review R.A.No.78/ 2024, before District and Sessions Judge, Bengaluru Rural at Bengaluru and direct the office to return the certified copy of the judgment and decree, in the interest of justice and equity."

In view of the memo, appeal is dismissed as withdrawn

with liberty as prayed for.

Sd/-

(V SRISHANANDA) JUDGE

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