Aparna Ramesh vs Shri. V. Ramesh
2024 Latest Caselaw 12820 Kant

Karnataka High Court

Aparna Ramesh vs Shri. V. Ramesh on 7 June, 2024

                                           -1-
                                                      NC: 2024:KHC:19818-DB
                                                      RFA No. 2199 of 2019




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 7TH DAY OF JUNE, 2024
                                        PRESENT
                       THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                          AND
                           THE HON'BLE MR JUSTICE C M JOSHI
                        REGULAR FIRST APPEAL NO. 2199 OF 2019
               BETWEEN:

               SMT. APARNA RAMESH
               W/O SRI V. RAMESH
               AGED ABOUT 39 YEARS
               RESIDING AT NO.410
               6TH MAIN, 2ND BLOCK
               HRBR LAYOUT, KALYANA NAGARA
               BENGALURU - 560 043.
                                                                ...APPELLANT
               (BY SRI UMA SHANKAR M.N, ADV.)
               AND:

               1.   SHRI V. RAMESH
                    S/O LATE G. VENKATESH
                    AGED ABOUT 46 YEARS
Digitally
signed by           RESIDING AT NO.110
NANDINI R           NAGENDRA BLOCK 3RD MAIN
Location:           2ND C CROSS, MYSURU BANK COLONY
High Court          BENGALURU - 560 050.
of Karnataka
               2.   MASTER R. PURUJITH
                    S/O SRI.V. RAMESH AND APARNA RAMESH
                    AGED ABOUT 17 YEARS, MINOR
                    REPRESENTED BY NEXT FRIEND
                    HIS MATERNAL GRANDFATHER
                    SRI N. SUNDAR RAJU
                    S/O LATE MARIYAPPA
                    RESIDING AT NO.410, 6TH MAIN
                    2ND BLOCK, HRBR LAYOUT
                                     -2-
                                                NC: 2024:KHC:19818-DB
                                                RFA No. 2199 of 2019




    KALYANA NAGARA
    BENGALURU - 560 043.
                                                       ...RESPONDENTS
(BY SRI GANAPATHI BHAT, ADV., FOR C/R1;
    SRI N. RAMAKRISHNA, ADV., FOR R-2)


      THIS RFA IS FILED UNDER SEC 96 R/W ORDER 41 RULE 1 O
FCPC., AGAINST THE JUDGMENT AND DECREE DATED 17.07.2019
PASSED IN OS NO.4335/2012 ON THE FILED OF THE XV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALURU
DISMISSING THE SUIT FOR CANCELLATION OF SALE DEED.

     THIS APPEAL, COMING ON FOR ORDERS,                     THIS   DAY,
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:


                               JUDGMENT

Learned counsel for the appellant has filed a memo for

withdrawal of the appeal, which reads as under:

"It is submitted that in the above matter 1st Respondent died on 29/07/2020 and his L.R's are the Appellant and the 2nd Respondent are already on record. It is submitted that the matter has been amicably settled out of court in between the Appellant and the Respondent 2 and 3 in respect of the Suit schedule property. Hence, the Appellant prays this Hon'ble court to dispose of the above Appeal as settled out of Court and Court fee paid may kindly be refunded to the Appellant, in the interest of justice."

NC: 2024:KHC:19818-DB

2. Sri.Uma Shankar M.N., learned counsel for the

appellant submits that he has instructions from the appellant to

withdraw the appeal.

3. In view of the said memo and submission, the

appeal is dismissed as withdrawn.

Prayer for refund of Court fee be considered by the

Registry as per the Rules.

Sd/-

JUDGE

Sd/-

JUDGE

NR CT:DN