Sri P B Mahendra vs Sri Rajamudi @ Rajamudaiah
2024 Latest Caselaw 12812 Kant

Karnataka High Court

Sri P B Mahendra vs Sri Rajamudi @ Rajamudaiah on 7 June, 2024

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                                                  NC: 2024:KHC:19771-DB
                                                     RFA No. 80 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 7TH DAY OF JUNE, 2024

                                     PRESENT
                      THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                           AND
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     REGULAR FIRST APPEAL NO. 80 OF 2022 (SP)
              BETWEEN:

              SRI. P.B. MAHENDRA
              S/O LATE P.M. BASAVARAJU,
              AGED ABOUT 36 YEARS,
              R/AT NO.744/12B, SHIVAGOURI NILAYA,
              GIRIDARSHINI LAYOUT, ALANAHALLI,
              MYSURU TALUK.
                                                           ...APPELLANT
              (BY SRI. P. MAHESHA, ADVOCATE)

              AND:

              1.    SRI. RAJAMUDI @ RAJAMUDAIAH
                    S/O LATE CHAKRA VAIRAIAH,
Digitally
signed by C         AGED ABOUT 66 YEARS,
HONNUR
SAB           2.    SMT. JAYAMMA
Location:           W/O SRI. RAJAMUDI
HIGH
COURT OF            AGED ABOUT 61 YEARS
KARNATAKA
              3.    SMT. MAHADEVAMMA
                    D/O SRI. RAJAMUDI
                    AGED ABOUT 46 YEARS,

              4.    SMT. JAYALAKSHMI
                    D/O SRI RAJAMUDI,
                    AGED ABOUT 43 YEARS,
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                                  NC: 2024:KHC:19771-DB
                                     RFA No. 80 of 2022




5.   SRI. MAHESH
     S/O SRI RAJAMUDI
     AGED ABOUT 38 YEARS,

6.   SMT. SUJATHA
     W/O SRI MAHESH
     AGED ABOUT 31 YEARS,

7.   MINOR JEEVA
     S/O SRI MAHESH
     AGED ABOUT 10 YEARS,

8.   MINOR NAMITHA
     D/O SRI MAHESH
     AGED ABOUT 08 YEARS,

     RESPONDENTS NO.7 AND 8
     SINCE MINORS REPRESENTED BY THEIR
     MOTHER AND NATURAL GUARDIAN
     SMT. SUJATHA (RESPONDENT NO.6)

9.   SRI. CHELUVARAJU
     S/O SRI RAJAMUDI
     AGED ABOUT 35 YEARS,

10. SMT. GOURAMMA
    W/O SRI. LAKKAIAH
    AGED ABOUT 52 YEARS,

11. SRI. NARASIMHA MURTHY
    S/O SRI LAKKAIAH
    AGED ABOUT 33 YEARS,

12. SMT. ROOPA
    W/O SRI NARASIMHA MURTHY
    AGED ABOUT 26 YEARS,

13. SMT. SAVITHA
    D/O SRI LAKKAIAH
    AGED ABOUT 31 YEARS,
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                                    NC: 2024:KHC:19771-DB
                                        RFA No. 80 of 2022




14. SRI. RAJU
    S/O LATE CHELUVAIAH
    AGED ABOUT 51 YEARS,

15. SMT. SHIVAMMA
    D/O LATE CHELUVAIAH
    AGED ABOUT 48 YEARS,

     ALL THE RESPONDENTS ARE
     R/AT JAYAPURA VILLAGE AND HOBLI,
     MYSURU TALUK AND DISTRICT.

                                           ...RESPONDENTS

(BY SRI. P. PRITHVI KIRAN SETTY,          ADVOCATE    FOR
RESPONDENT NOS.1 TO 6 AND 9 TO 15;
RESPONDENT NOS.7 AND 8 ARE MINORS, REPRESENTED BY
NATURAL GUARDIAN RESPONDENT NO.6)


     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908,
AGAINST THE JUDGMENT AND DECREE DATED 16.11.2021
PASSED IN O.S. NO.99/2018 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND C.J.M, MYSURU, PARTLY DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ANU SIVARAMAN J., DELIVERED THE FOLLOWING:
                       JUDGMENT

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

2. The memo is taken on record.

NC: 2024:KHC:19771-DB

3. The appeal is, accordingly, dismissed as

withdrawn.

Registry is directed to refund the Court fee, as

applicable.

Sd/-

JUDGE

Sd/-

JUDGE

SMA