Sri A. Simon S/O Late M.S. Anthony vs Sri S. Suresh S/O A. Simon
2024 Latest Caselaw 3541 Kant

Karnataka High Court

Sri A. Simon S/O Late M.S. Anthony vs Sri S. Suresh S/O A. Simon on 6 February, 2024

Author: P.S. Dinesh Kumar

Bench: P.S. Dinesh Kumar

                                            -1-
                                                        NC: 2024:KHC:4971-DB
                                                          WA No. 1033 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF FEBRUARY, 2024

                                          PRESENT

                     THE HON'BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE

                                            AND

                 THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

                          WRIT APPEAL NO. 1033 OF 2023 (GM-RES)


                BETWEEN:

Digitally       SRI A. SIMON S/O LATE M.S. ANTHONY
signed by       AGED ABOUT 81 YEARS
YASHODHA N      PRESENTLY R/AT 19 AND 20
                (PRAGRUTHI), 6TH MAIN, II CROSS
Location:       SRINIDHI LAYOUT, KONANAKUNTE
High Court of   BENGALURU-560 078                                  ...APPELLANT
Karnataka
                (BY MS. THANIMA BEKAL, ADVOCATE FOR
                    SHRI T. HAREESH BHANDARY, ADVOCATE)

                AND:

                1.    SRI S. SURESH S/O A. SIMON
                      AGED ABOUT 45 YEARS
                      R/AT SY.NO.1/4/A AND 1/4/B
                      HOUSE NO.1, GUBBALALA VILLAGE
                      SUBRAMANYAPURA POST
                      UTTARAHALLI POST
                      BENGALURU-560 061

                2.    THE ASSISTANT COMMISSIONER
                      BENGALURU NORTH SUB-DIVISION
                      K.G.ROAD, BENGALURU-560 009              ...RESPONDENTS


                (BY SMT. NILOUFER AKBAR, AGA FOR R-2)
                               -2-
                                         NC: 2024:KHC:4971-DB
                                           WA No. 1033 of 2023




      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 29.03.2023
MADE IN WP NO.24162/2022 (GM-RES) BY THE LEARNED SINGLE
JUDGE OF THIS COURT AND UPHELD THE ORDER PASSED BY THE
TRIBUNAL IN CANCELLING THE REGISTERED GIFT DEED DATED
28.05.2012.

     THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:


                          JUDGMENT

Learned advocate for the appellant has filed a memo dated

February 2, 2024 seeking leave to withdraw the appeal.

2. Leave granted. Appeal is accordingly disposed of as

withdrawn.

3. In view of disposal of the appeal, all pending interlocutory

applications do not survive for consideration and they stand

disposed of.

No costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

BKV