S. Venugopal vs Sri. Radhakrishna
2024 Latest Caselaw 5606 Kant

Karnataka High Court

S. Venugopal vs Sri. Radhakrishna on 22 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                  -1-
                                                              NC: 2024:KHC:7471
                                                            RFA No. 569 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                                 BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR FIRST APPEAL NO. 569 OF 2016 (DEC/INJ)
                      BETWEEN:

                      1.    S. VENUGOPAL
                            SINCE DEAD BY LR'S

                      1(a) NAGAVENI
                           W/O LATE VENUGOPAL
                           AGED ABOUT 58 YEARS

                      1(b) VIKRAM GOPAL
                          S/O LATE VENUGOPAL
                          AGED ABOUT 40 YEARS
                          R/AT NO.77, 1ST MAIN
                          OLD THIPASANDRA HAL
                          2ND STAGE INDRANAGAR
                          80 FEET ROAD, BENGALURU- 560 008.

                      1(c) MANJULA
Digitally signed by
HEMALATHA A                W/O PRAKASH
Location: High             D/O LATE VENUGOPAL
Court of                   AGED ABOUT 42 YEARS
Karnataka
                      1(d) MURALI
                           S/O LATE VENUGOPAL
                           AGED ABOUT 38 YEARS

                            THE 1(a),1(c) & 1(d) ARE
                            R/AT NO.78/1, OLD THIPSANDRA
                            HAL 2ND STAGE INDRANAGAR
                            BENGALURU-560 008.
                                                                  ...APPELLANTS
                      (BY SMT. VIDYA SELVAMANI, ADVOCATE)
                             -2-
                                        NC: 2024:KHC:7471
                                      RFA No. 569 of 2016




AND:

1.   SRI. RADHAKRISHNA
     S/O NARASIMHAIAH
     AGED MAJOR
     R/AT NO.14/15
     ARABIC COLLEGE POST
     BANGALORE-560 045.

2.   P.NARAYANASWAMY
     S/O LATE POOJAPPA
     R/AT NO.3, BC 903
     9TH MAIN, 1ST BLOCK
     KALYANAGAR,
     BANGALORE-560 043.
                                          ...RESPONDENTS
(BY SRI.K SEENAPPA., ADVOCATE FOR R2:
    NOTICE TO R1 IS SERVED AND UNREPRESENTED)


       THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W
SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 29.08.2015 PASSED IN O.S.NO.8298/2005 ON THE FILE
OF THE I ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE
CITY (CCH NO.2), DISMISSING THE SUIT FOR DECLARATION
AND PERMANENT INJUNCTION.

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

                       JUDGMENT

1. Learned counsel for the appellant appeared through

Video Conference and submits that she may be permitted

NC: 2024:KHC:7471

to withdraw the above appeal. To that effect, she will file a

memo in the registry.

2. Submission is taken on record.

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

withdrawn.

Sd/-

JUDGE

HA