Mr Charles Henry vs Mr G Sundara Babu
2024 Latest Caselaw 1398 Kant

Karnataka High Court

Mr Charles Henry vs Mr G Sundara Babu on 16 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                             NC: 2024:KHC:1851
                                                          RFA No. 2154 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF JANUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 2154 OF 2019 (PAR)
                   BETWEEN:

                   1.    MR CHARLES HENRY
                         S/O LATE G PREMA KUMARI
                         AGED ABOUT 48 YEARS
                         R/AT NO.109, 5TH MAIN ROAD
                         2ND PHASE, 1ST STAGE
                         MANJUNATHNAGAR, BANGALORE 560010.

                   2.    MRS NANCY HENRY
                         D/O LATE G PREMA KUMARI
                         AGED ABOUT 46 YEARS
                         R/AT NO.109, 5TH MAIN ROAD
                         2ND PHASE, 1ST STAGE
                         MANJUNATHNAGAR, BANGALORE 560010.

                   3.    MR FLACHER HENRY
Digitally signed         S/O LATE G PREMA KUMARI
by
DHANALAKSHMI             AGED ABOUT 44 YEARS
MURTHY                   R/AT NO 109, 5TH MAIN ROAD
Location: High           2ND PHASE, 1ST STAGE
Court of                 MANJUNATHNAGAR, BANGALORE 560010.
Karnataka                                                        ...APPELLANTS
                   (BY SRI. ARAVIND BABU J.,ADVOCATE)

                   AND:

                   1.    MR G SUNDARA BABU
                         S/O LATE P GURUPUTHRAPPA
                         AGED ABOUT 64 YEARS
                         R/AT NO. 212, 12TH B MAIN ROAD
                            -2-
                                         NC: 2024:KHC:1851
                                      RFA No. 2154 of 2019




     6TH BLOCK, RAJAJINAGAR
     BANGALORE 560010.

2.   MR G MOHAN RAJU
     S/O LATE P GURUPUTHRAPPA
     AGED ABOUT 58 YEARS
     R/AT NO. 212, 12TH B MAIN ROAD
     6TH BLOCK, RAJAJINAGAR
     BANGALORE 560010.

3.   MR G NAVARATHNA KUMAR
     S/O LATE P GURUPUTHRAPPA
     AGED ABOUT 47 YEARS
     R/AT NO. 212, 12TH B MAIN ROAD
     6TH BLOCK, RAJAJINAGAR
     BANGALORE 560010.

4.   MRS G SHANTHA KUMARI
     D/O LATE P GURUPUTHRAPPA
     AGED ABOUT 54 YEARS
     R/AT NO. 472, 3RD STAGE, B BLOCK
     BASAVESHWARANAGAR
     BANGALORE 560079.

5.   MR G DEVA KUMAR
     S/O LATE P GURUPUTHRAPPA
     AGED ABOUT 68 YEARS
     R/AT NO. 212, 12TH B MAIN ROAD
     6TH BLOCK, RAJAJINAGAR
     BANGALORE 560010.

6.   MRS G ROSE MARY
     D/O LATE P GURUPUTHRAPPA
     AGED ABOUT 56 YEARS
     R/AT NO. 624, 5TH MAIN ROAD
     4TH BLOCK, RAJAJINAGAR
     BANGALORE 560010.
                                           ...RESPONDENTS
     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 22.08.2019
PASSED IN OS.NO.1775/2011 ON THE FILE OF THE XLIII
                                -3-
                                              NC: 2024:KHC:1851
                                         RFA No. 2154 of 2019




ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.

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

1. The learned counsel for the appellants has filed a

memo dated 16.1.2024 seeking leave of this Court to

withdraw the appeal.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

DM