Muniswamappa vs The Joint Commissioner
2024 Latest Caselaw 497 Kant

Karnataka High Court

Muniswamappa vs The Joint Commissioner on 5 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                           NC: 2024:KHC:547
                                                       RFA No. 1963 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF JANUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1963 OF 2016 (DEC/INJ)


                   BETWEEN:

                   1.    MUNISWAMAPPA
                         S/O LATE DODDABBAIAPPA
                         AGED ABOUT 74 YEARS
                         R/A DODDABBAIAHAPPA LAYOUT
                         NEAR ESHWARA TEMPLE
                         H A FARM POST, HEBBAL
                         BANGALORE-560024.

                   2.    KRISHNAPPA
                         S/O CHANNARAYAPPA
                         AGED ABOUT 66 YEARS
                         R/A NO.132/2, DODDABBAIAHAPPA LAYOUT
                         NEAR ESHWARA TEMPLE
                         H A FARM POST, HEBBAL
Digitally signed         BANGALORE-560024.
by
DHANALAKSHMI
MURTHY             3.    H R SRINIVAS
Location: High           S/O RAMAKKA
Court of                 AGED ABOUT 61 YEARS
Karnataka
                         R/A NO.96/1
                         MUNIYELALAPPA GARDEN
                         NEAR ESHWARA TEMPLE
                         H A FARM POST, HEBBAL
                         BANGALORE-560024.

                   4.    RAMAKRISHNAPPA
                         S/O LATE MUNIYELLAPPA
                         AGED ABOUT 71 YEARS
                         MUNIYELALAPPA GARDEN
                         NEAR ESHWARA TEMPLE
                               -2-
                                         NC: 2024:KHC:547
                                     RFA No. 1963 of 2016




     H.A. FARM POST, HEBBAL
     BANGALORE-560024.
                                            ...APPELLANTS
(BY SRI. LEELADHAR H P., ADVOCATE)

AND:

1.   THE JOINT COMMISSIONER
     BRUHAT BANGALORE MAHANAGARA PALIKE
     N R SQUARE, BANGALORE-560002.

2.   MANJUNATHA
     S/O LATE VEERABHADRAPPA
     @ SHAMANNA
     AGED ABOUT 53 YEARS
     R/A NO.5, IST FLOOR
     NEERUBHAVI KEMPANNA LAYOUT
     HEBBAL, BANGALORE-560024
                                          ...RESPONDENTS
(BY SRI. JAYAPRAKASH T., ADVOCATE FOR R1:
SRI. C. GOWRISHANKAR, ADVOCATE FOR R2)


       THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 8.08.2016
PASSED IN OS NO.3751/2013 ON THE FILE OF THE XI ADDL.
CITY CIVIL JUDGE, BANGALORE CITY., DISMISSING THE SUIT
FOR PERMANENT INJUNCTION.

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

COURT DELIVERED THE FOLLOWING:
                             -3-
                                         NC: 2024:KHC:547
                                     RFA No. 1963 of 2016




                         JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 5.1.2024 stating that the appeal may be

dismissed as not pressed, as the subject matter of the

suit property is proposed to be acquired by the

Railways.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as not

pressed.

4. All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE

DM