Smt Sujatha Prabhakar vs Mr Kempaiah
2024 Latest Caselaw 15205 Kant

Karnataka High Court

Smt Sujatha Prabhakar vs Mr Kempaiah on 1 July, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                              -1-
                                                             NC: 2024:KHC:24458
                                                          RFA No. 946 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF JULY, 2024

                                            BEFORE

                    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                          REGULAR FIRST APPEAL NO. 946 OF 2024 (INJ)

                   BETWEEN:

                         SMT. SUJATHA PRABHAKAR
                         W/O SRI. PRABHAKAR,
                         AGED ABOUT 48 YEARS,
                         R/AT NO.59, 6TH CROSS,
                         SUBBANNA GARDEN,
                         VIJAYANAGAR,
                         BENGALURU-560 040.
                                                                   ...APPELLANT
                   (BY SRI. NISHANTH A.V, ADVOCATE)

                   AND:

                   1.    MR. KEMPAIAH
                         S/O LATE MUNIHANUMAIAH,
                         AGED ABOUT 77 YEARS,
Digitally signed         R/AT MALLATHAHALLI VILLAGE,
by SUMITHRA R            YESHWANTHPURA HOBLI,
Location: HIGH
COURT OF                 BENGALURU NORTH TALUK-560 056.
KARNATAKA
                   2.    MR. PRASHANTH BABU R
                         S/O LATE RAMAIAH,
                         AGED ABOUT 38 YEARS,
                         R/AT NO.100, 12TH MAIN ROAD,
                         RAMAIAH MAIN ROAD, BSK 3RD STAGE,
                         HOSKERAHALLI, BENGALURU-560 085.
                                                                ...RESPONDENTS
                   (BY SRI. D.P.MAHESH, ADVOCATE FOR R2)

                        THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 08.01.2024 PASSED IN
                               -2-
                                             NC: 2024:KHC:24458
                                            RFA No. 946 of 2024




OS NO.3967/2018 ON THE FILE OF XXXIII ADDITIONAL CITY
CIVIL JUDGE, BANGALORE CITY., DISMISSING THE SUIT FOR
PERMANENT INJUNCTION.

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

                           JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn. However, liberty is reserved to file

comprehensive suit for declaration.

Sd/-

JUDGE

KTY