S. Suresh vs Thimmaiah
2024 Latest Caselaw 27515 Kant

Karnataka High Court

S. Suresh vs Thimmaiah on 15 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                  -1-
                                                                NC: 2024:KHC:46553
                                                               RFA No. 616 of 2019




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                                BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                            REGULAR FIRST APPEAL NO. 616 OF 2019 (INJ-)


                      BETWEEN:

                            S. SURESH
                            S/O. SRI. H. SIDDALINGAPPA,
                            AGED ABOUT 41 YEARS,
                            R/AT NO.46, 2ND MAIN, 3RD STAGE,
                            4TH BLOCK, BASAVESHWARANAGAR,
                            BANGALORE - 560 079.
                                                                      ...APPELLANT
                      (BY SRI. ANANTHA NARAYANA B N., ADVOCATE)

                      AND:

                      1.    THIMMAIAH
                            S/O. LATE. ARASAIAH,
                            AGED ABOUT 60 YEARS,
                            R/AT JANATHA COLONY,
Digitally signed by
VEDAVATHI A K               K G LAKKENAHALLI,
Location: High              LAKSHMIPURA POST,
Court of
Karnataka                   YESHWANTHAPURA HOBLI,
                            BANGALORE NORTH TALUK,
                            BANGALORE - 560 022.

                      2.    N. KRISHNAMURTHY
                            S/O. LATE. NAGAIAH @ NINGAPPA,
                            AGED ABOUT 45 YEARS,
                            R/AT JANATHA COLONY,
                            GIDADAKONENAHALLI VILLAGE,
                            VISHWANEEDAM POST,
                            BANGALORE NORTH TALUK,
                            BANGALORE - 560 091.
                            -2-
                                        NC: 2024:KHC:46553
                                       RFA No. 616 of 2019




3.   SHETTAPPA
     S/O. LATE. HONNAIAH,
     AGED ABOUT 60 YEARS,
     R/AT JANATHA COLONY,
     K G LAKKENAHALLI,
     LAKSHMIPURA POST,
     YESHWANTHAPURA HOBLI,
     BANGALORE NORTH TALUK,
     BANGALORE - 560 022.

4.   SMT. VIJAYAMMA
     W/O. LATE. M. REVANNA,
     AGED ABOUT 48 YEARS,
     R/AT NO.16, 1ST CROSS,
     1ST MAIN,
     YELLAMMA TEMPLE STREET,
     R T NAGAR, BANGALORE - 560 032.

5.   P. RAMESH
     S/O. LATE. POOJAPPA,
     AGED ABOUT 51 YEARS,
     R/AT NO.92, B. CHANNASANDRA,
     BANASWADI POST,
     BANGALORE 560043
                                           ...RESPONDENTS
(BY SRI. VISHWANATHA M S., ADVOCATE FOR R5)


      THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED; 20.12.2018 PASSED IN
OS.NO.195/2016 ON THE FILE OF THE XXXVII ADDITIONAL
CITY CIVIL JUDGE, (CCH-38) BENGALURU,     DISMISSING THE
SUIT FOR PERMANENT INJUNCTION.

      THIS   APPEAL,   COMING    ON     FOR    REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
                                  -3-
                                                NC: 2024:KHC:46553
                                               RFA No. 616 of 2019




CORAM:    HON'BLE MR JUSTICE K.NATARAJAN


                         ORAL JUDGMENT

Learned counsel for the appellant filed memo for

withdrawing the appeal, as the property said to be sold to the

third parties. Hence, the appellant is not pressing on the

appeal.

The said submission and memo is placed on record.

The appeal is dismissed as not pressed.

In view of dismissal of main petition, I.A.No.1/2019 does

not survive for consideration. Accordingly I.A.No.1/2019 is

disposed of.

Sd/-

(K.NATARAJAN) JUDGE

AKV

CT:SK