Sri Ashoka S vs Sri C Venkatesh
2024 Latest Caselaw 3146 Kant

Karnataka High Court

Sri Ashoka S vs Sri C Venkatesh on 1 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                          NC: 2024:KHC:4638
                                                      MFA No. 8377 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8377 OF 2023 (CPC)

                   BETWEEN:


                   1.    SRI ASHOKA S.,
                         S/O LATE SURESH M,
                         AGED ABOUT 33 YEARS
                         R/AT NO. 14,
                         SY. NO.91/P29
                         RAYASANDRA VILLAGE
                         HUSKUR POST
                         SARJAPURA HOBLI,
                         ANEKAL TALUK
                         BANGALORE-560 099
                                                                ...APPELLANT
                              (BY SRI. ALLAH BAKASH M., ADVOCATE)

Digitally signed
by SHARANYA T      AND:
Location: HIGH
COURT OF
KARNATAKA          1.    SRI C. VENKATESH
                         S/O CHINNAKALI
                         AGED ABOUT 45 YEARS
                         R/AT RAYASANDRA VILLAGE
                         HUSKUR POST
                         SARJAPURA HOBLI,
                         ANEKAL TALUK
                         BANGALORE-560 099
                                                              ...RESPONDENT
                                 (BY SRI. SANDEEP K., ADVOCATE)
                                -2-
                                              NC: 2024:KHC:4638
                                         MFA No. 8377 of 2023




     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
PRAYING TO SET ASIDE THE IMPUGNED ORDER THE ORDER
DT.07.12.2023 PASSED ON IA NO.1 IN O.S.NO.1329/2023 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, JMFC,
ANEKAL, BENGALURU RURAL DISTRICT, PRAYING TO ALLOW IA
NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC THEREIN DIRECTING
THE DEFENDANT TO ISSUE SUIT SUMMON AND EMERGENT
NOTICE ON IA NO.1 THROUGH RPAD AND COURT PROCESS.

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


                       JUDGMENT

The learned counsel for the appellant has filed a

memo for withdrawal of the present appeal stating that

the appeal become infructuous since the respondent has

taken possession forcefully during the subsistence of

interim order and seeks for withdrawal.

The learned counsel for the respondent would

submits that the reason mentioned in the memo for

withdrawal is not correct. In view of the memo filed by the

appellant's counsel, the counsel is permitted to withdraw

the appeal without expressing any opinion on whether

NC: 2024:KHC:4638

forceful possession or otherwise, memo dated 01.02.2024

will be on record. Hence, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE RHS