Sri Y Krishnamurthy vs Smt. Rajamma
2024 Latest Caselaw 18905 Kant

Karnataka High Court

Sri Y Krishnamurthy vs Smt. Rajamma on 29 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                 NC: 2024:KHC:29860
                                                RFA No. 781 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 29TH DAY OF JULY, 2024

                                     BEFORE

                    THE HON'BLE MR JUSTICE V SRISHANANDA

                  REGULAR FIRST APPEAL NO. 781 OF 2023 (INJ)

            BETWEEN:

                  SRI Y KRISHNAMURTHY,
                  S/O Y RAMASWAMY SETTY,
                  AGED ABOUT 69 YEARS,
                  NO.24/1, 2ND MAIN ROAD,
                  CHAMARAJPET,
                  BANGALORE - 560 018.

                  ALSO AT NO.11 AND 12,
                  2ND FLOOR, SERVICE ROAD,
                  REMCO LAYOUT,
                  VIJAYANAGARA 2ND STAGE,
                  HAMPINAGARA,
                  BANGALORE - 560 104.
                                                       ...APPELLANT
            (BY SRI. B C VENKATESH.,ADVOCATE)
Digitally
signed by
MALATESH    AND:
KC
Location:   1.    SMT. RAJAMMA
HIGH              W/O LATE Y SUBBARAJA SETTY,
COURT OF          AGED ABOUT 70 YEARS,
KARNATAKA
                  NO.3 AND 4 SERVICE ROAD,
                  REMCO LAYOUT,
                  VIJAYANAGARA 2ND STAGE,
                  HAMPINAGARA,
                  BANGALORE - 560 104.

            2.    SRI Y S BALAJI
                  S/O LATE Y SUBBARAJA SETTY,
                  AGED ABOUT 50 YEARS,
                            -2-
                                       NC: 2024:KHC:29860
                                      RFA No. 781 of 2023




     NO.3 AND 4, SERVICE ROAD,
     REMCO LAYOUT,
     VIJAYANAGARA 2ND STAGE,
     HAMPINAGARA,
     BANGALORE - 560 104.

3.   Y S NAGENDRA BABU
     S/O LATE Y SUBBARAJA SETTY,
     AGED ABOUT 42 YEARS,
     NO.3 AND 4, SERVICE ROAD,
     REMCO LAYOUT,
     VIJAYANAGARA 2ND STAGE,
     HAMPINAGARA,
     BANGALORE - 560 104.

4.   SMT LEELAVATHI K
     D/O LATE Y SUBBARAJA SETTY,
     W/O RAJARATHNAM BABU,
     AGED ABOUT 48 YEARS,
     R./AT NO.24/1-1,
     2ND MAIN ROAD, CHAMARAJPET,
     BANGALORE - 560 018.

5.   SMT K N INDIRA
     D/O LATE Y SUBBARAJA SETTY,
     W/O K NAGARAJ GUPTA,
     AGED ABOUT 46 YEARS,
     VASAVI FANCY AND STEEL CENTRE,
     MAIN ROAD, KORATAGERE,
     KORATAGERE TALUK,
     TUMKUR DIST - 572 129.

6.   SRI K RAJARATHNAM BABU,
     S/O K RAMACHANDRAIAH SETTY,
     AGED ABOUT 50 YEARS,
     R/AT NO.24, 2ND MAIN ROAD,
     CHAMARAJPET,
     BANGALORE - 560 018.
                                        ...RESPONDENTS
(BY SRI. S. GANGADHAR AITHAL., FOR R4 AND R6)
                               -3-
                                          NC: 2024:KHC:29860
                                         RFA No. 781 of 2023




     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
13.02.2023 PASSED IN OS NO.1404/2020 ON THE FILE OF THE
VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY DISMISSING THE SUIT FOR INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE V SRISHANANDA

                         ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

dated 22.07.2023 seeking withdrawal of the petition. The

memo reads as under:

"The appellant in the above appeal humbly prays that, he may kindly be permitted to withdraw the appeal as not pressed, in the ends of justice."

2. Memo is taken on record.

3. In view of the above memo, petition is dismissed

as withdrawn.

Sd/-

(V SRISHANANDA) JUDGE

AMA