Sri W P Rajendra vs Sri Theja Raj
2024 Latest Caselaw 18880 Kant

Karnataka High Court

Sri W P Rajendra vs Sri Theja Raj on 29 July, 2024

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                                                  NC: 2024:KHC:29800-DB
                                                   RFA No. 564 of 2017




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF JULY, 2024

                                        PRESENT
              THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                            AND
                      THE HON'BLE MR JUSTICE UMESH M ADIGA
                  REGULAR FIRST APPEAL NO. 564 OF 2017 (PAR/INJ)
             BETWEEN:

             1.    Sri W.P. Rajendra
                   Aged about 66 years,
                   S/o Late W.H. Puttaiah

             2.    Sri W. P. Shivakumar
                   aged about 60 years,
                   S/o Late W.H.Puttaiah,

             3.    Sri W.P. Suresh Kumar
                   Aged About 60 years,
                   S/o Late W.H.Puttaiah,
Digitally
signed by
VEERENDRA    4.    Smt. W.P. Jyothi
KUMAR K M
Location:
                   aged about 58 years,
HIGH COURT
OF                 D/o Late W.H.Puttaiah,
KARNATAKA

             5.    Sri W.P. Krishna
                   Aged about 56 years,
                   S/o Late W.H.Puttaiah,

             6.    Sri W.P. Manjunath
                   Aged about 54 years,
                   S/o Late W.H.Puttaiah,
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                                        NC: 2024:KHC:29800-DB
                                          RFA No. 564 of 2017




     All are Residing at No.30/A,
     8th A Main Road, RMV Extension,
     Bengaluru - 560 080.

     Note: The Plaintiff No.2, Smt. Umadevi
     died recently and as such, she is not
     impleaded as a party to this appeal.
                                                  ...Appellants
(By Sri. B.M.Arun, Advocate)

And:

1.   Sri Theja Raj
     aged about 40 years,
     S/o late K K Jain.

2.   Sri Vikram
     aged about 28 years,
     S/o late K K Jain,

3.   Kumari Jyothi
     aged about 26 years,
     D/o late K K Jain,

     All are residing at No.138,
     Kilari road,
     Bengaluru - 560 053.

4.   Bruhat Bangalore Mahanagara Palike
     Corporation Buildings,
     N R Square, Hudson Circle,
     Bengaluru - 560 001.
     Reptd. by its Commissioner
                                                ...Respondents
(By Sri. J. Jagadeswara and Smt. M.V.Thanuja, Advocate for
CR/R-1;
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                                       NC: 2024:KHC:29800-DB
                                            RFA No. 564 of 2017




service of notice to R-2 and R-3 V/o dated 16.01.2020 is held
sufficient
Sri. C. Shankar Reddy, Advocate for R-4)
      This RFA is filed under Sec.96 of CPC., against the
judgment    and    decree   dated   3.2.2017   passed     in
O.S.No.2432/2010 on the file of the XX Addl. City Civil and
Sessions Judge, Bengaluru, dismissing the appeal for
permanent injunction.

    This Appeal, coming on for admission, this day, order was
made therein as under:
CORAM:     HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
           and
           HON'BLE MR JUSTICE UMESH M ADIGA


                         ORAL ORDER

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

Learned counsel for the appellants files a memo

stating that the appellants want to withdraw the appeal.

Respondents' counsel is present. Memo is placed on

record. Appeal is dismissed as withdrawn.

Sd/-

(SREENIVAS HARISH KUMAR) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE sd