Kum Lakshmi vs Sri T S Natarajan
2024 Latest Caselaw 5599 Kant

Karnataka High Court

Kum Lakshmi vs Sri T S Natarajan on 22 February, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                               -1-
                                                        NC: 2024:KHC:7581-DB
                                                            RFA No. 720 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                            PRESENT
                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                                              AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                            REGULAR FIRST APPEAL NO. 720 OF 2014


                   BETWEEN:

                   1.    KUM. LAKSHMI
                         D/OF T.S.SHARADA AND AJAYSIMHA,
                         AGED 18 YEARS, NO.421, 7TH MAIN,
                         VIJAYA BANK COLONY,
                         BANGALORE-560070.

                   2.    KUM. PREETHI, AGED 12 YEARS,

                         BOTH ARE DAUGHTERS OF
                         SMT. T.S.SHARADA AND SRI.AJAYASIMHA,
Digitally signed
by CHETAN B
C                        BOTH BEING MINORS, REPRESENTED BY THEIR,
Location: HIGH           NEXT FRIEND AND FATHER, SRI.AJAYASIMHA,
COURT OF                 HINDU AGED 50 YEARS, AND WITH HIM
KARNATAKA
                         RESIDING AT NO.131 (NEW NO.520), NEW
                         DIAGONAL ROAD, 3RD BLOCK, JAYANAGAR,
                         BANGALORE-560 011.


                                                                  ...APPELLANTS



                   (BY SRI. S KRISHNA SWAMY, ADVOCATE)
                             -2-
                                        NC: 2024:KHC:7581-DB
                                         RFA No. 720 of 2014




AND:

1.   SRI. T S NATARAJAN
     AGED ABOUT 57 YEARS,
2.   SRI.T.S.NITYANANDA
     AGED ABOUT 55 YEARS

3.   SRI. T.S. SACHIDANANDA
     AGED ABOUT 51 YEARS,

     ALL ARE SONS OF SRI. T.S.SIVASWAMY,
     R/AT POORNIMA BUILDING, NO.28,
     BASAPPA ROAD,
     SHANTHINAGAR, BANGALORE-560 027.


                                              ...RESPONDENTS

(BY SRI. P B RAJU, ADVOCATE FOR R1;
R2 & R3 ARE SERVED AND UNREPRESENTED)



       THIS RFA IS FILED U/S 96, O-41, RULE-1 OF CPC,

AGAINST THE JUDGMENT AND DECREE DATED 29.01.2014

PASSED IN O.S.5553/2003 ON THE FILE OF THE XXII-ADDL.

CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY

DECREEING    THE   SUIT   FOR     PARTITION   AND   SEPARATE

POSSESSION AND PERMANENT INJUNCTION AND ETC.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                       -3-
                                                   NC: 2024:KHC:7581-DB
                                                    RFA No. 720 of 2014




                                JUDGMENT

Learned counsel for the appellants has filed a memo

dated 18.01.2024 seeking leave of the Court to withdraw this

appeal, which is signed by both the appellants.

2. Memo reads as under:

"The appellants pray that the Hon'ble court be pleased to permit the appellants to withdraw the appeal. The appeal be dismissed as not pressed. The trial court be directed to proceed with final decree proceedings in the original suit in the interest of equity and justice."

3. In view of the above, appeal is disposed of as

having been withdrawn.

Registry to send a copy of this order to the respondents

by speed post immediately.

Sd/-

JUDGE

Sd/-

JUDGE

SMJ