Karnataka High Court
Army Welfare Housing Organization vs Mrs Vijayamma on 5 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:864-DB
RFA No. 628 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 628 OF 2022 (PA/DE/IN)
BETWEEN:
ARMY WELFARE HOUSING ORGANIZATION
SOUTH HUTMENTS, KASHMIR HOUSE
RAJAJIMARG, NEW DELHI 110 011
REP. BY ITS PROJECT DIRECTOR
COLONEL. B SRINIVAS
AGED ABOUT 59 YEARS
S/O MR. B.S.RAMA SASTRY
(BEHIND VENKATESHWARA
ENGINEERING COLLEGE)
UTTARAHALLI MAIN ROAD
BILLAMARANAHALLI JALA HOBLI
BENGALURU NORTH TALUK
BENGALURU DISTRICT ...APPELLANT
(BY SRI. JAY VENKATESH MEHTA, ADV. FOR
SRI./SMT.APOORVA A.G. ADV.)
Digitally signed by MALA
KN
AND:
Location: HIGH COURT
OF KARNATAKA
1. MRS VIJAYAMMA
AGEDA BOUT 64 YEARS
W/O LATE G.V.SRINIVASA IYENGAR
D/O LATE B.KRISHNAWAMY
R/AT BILLAMARANAHALLI VILLAGE
VIDYANAGARA POST, JALA HOBLI
BENGALURU NORTH TALUK
BENGALURU RURAL DISTIRCT
2. MRS. SUSHEELAMMA
AGED ABOUT 62 YEARS
D/O LATE B.KRISHNASWAMY
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RFA No. 628 of 2022
R/AT SADAHALLI
DEVANAHALLI TALUK
BENGALURU DISTRICT
3. MRS. SHASHIKALA
AGED ABOUT 40 YEARS
D/O MR.B.K.SUBRAMANYA
W/O MR.VENKATESH BABU
4. MR.LALITHA @ LATHA
AGED ABOUT 38 YEARS
D/O MR. B.K.SUBRAMANYA
W/O MR.SURESH
5. MR. GAYATHRI
AGED ABOUT 36 YEARS
D/O MR.B.K.SUBRAMANYA
W/O MR.PRAKASH
6. MRS.SHARADAMBIKE
AGED ABOUT 38 YEARS
D/O MR. MR.B.K RAMANATH
W/O MR.GANESH
7. MRS. MANGALA
AGED ABOUT 36 YEARS
D/O MR.B.K.RAMANATH
W/O MR. SRINATH
8. MR.RAVIKIRAN
AGED ABOUT 33 YEARS
S/O MR.B.K.RAMANATH
9. MR.KISHORE
AGED ABOUT 34 YEARS
S/O MR. B.K.SHESHADRI
10. MRS. SHARADA
AGED ABOUT 28 YEARS
D/O MR.B.K SHESHADRI
RESPONDENT NOS.3 TO 10 ARE
R/AT BILLAMARANAHALLI
JALA HOBLI, VIDYANAGARA POST
BENGALURU NORTH TALUK
BENGALURU DISTRICT
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RFA No. 628 of 2022
11. MR. B.K.SUBRAMANYAM
AGED ABOUT 63 YEARS
S/O LATE B.KRISHNASWAMY
12. B.K.RAMANATH
AGED ABOUT 58 YEARS
S/O LATE B.KRISHNA SWAMY
13. MR.B.K.SHESHADRI
AGED ABOUT 46 YEARS
S/O LATE B.KRISHNA SWAMY
RESPONDENT NOS.11 TO 13 ARE
ALL R/AT BILLAMRANAHALLI
JALA HOBLI, VIDYANAGARA POST
BENGLAURU NORTH TALUK
BENGALURU DISTRICT
14. M/S PRASIDDHI PROPERTIES PVT LTD.,
REP. BY ITS DIRECTOR
MR.K.SUBRAMANYA RAJU
HAVING ITS OFFICE AT NO.401/2
SWASTIK MANANDI ARCADE
F-4, FIRST FLOOR, S.C.ROAD
SHESHADRIPURAM
BENGALURU 560 020
15. M/S PRASIDHI PROPERTIES PRIVATE LTD
REP. BY ITS DIRECTOR, MR.B.SRINIVASA
HAVING ITS OFFICE AT NO.401/2
SWATIK MANANDI ARCADE, F-4
FIRST FLOOR, SC ROAD
SHESHADRIPURAM, BENGALURU 560 020
16. SWAMMAY'S DREAM LAND (P) LTD.,
REP. BY MANAGING DIRECTOR
NO.4, 3RD FLOOR, AGS PLAZA
R.T.NAGAR BENGALURU 560 032
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC. 1908
AGAINST THE JUDGMENT AND DECREE DATED 20.01.2022
PASSED IN OS.NO. 492/2010 ON THE FILE OF THE IIND
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI,
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NC: 2024:KHC:864-DB
RFA No. 628 of 2022
PARTLY DECREEING THE SUIT FOR PARTITION, DECLARATION
AND INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Smt. K.G. Apoorva, learned advocate for the
appellant has filed a memo dated 16.12.2023
seeking leave to withdraw this appeal with liberty to
file an appeal before the jurisdictional Court. Memo
reads as follows:
"MEMO FILED ON BEHALF OF THE APPELLANT
The undersigned Counsel for Appellant
herewith seeks to withdraw the present Appeal
with a liberty to file the Appeal before the
jurisdictional Court. It is humbly prayed that the
memo may be taken on record in the interest of
justice and equity."
2. Leave granted. This appeal is dismissed as
withdrawn with liberty as prayed for.
NC: 2024:KHC:864-DB
3. In view of dismissal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
No costs.
SD/-
JUDGE
SD/-
JUDGE
PA
CT:HS
