Sri H K Divakara vs Sri Narayana
2024 Latest Caselaw 27639 Kant

Karnataka High Court

Sri H K Divakara vs Sri Narayana on 19 November, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                 -1-
                                                            NC: 2024:KHC:46782-DB
                                                            RFA No. 2214 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                              PRESENT

                               THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                                 AND

                                THE HON'BLE MR JUSTICE RAJESH RAI K

                            REGULAR FIRST APPEAL NO. 2214 OF 2024 (SP)

                      BETWEEN:

                            SRI. H.K DIVAKARA
                            S/O LATE H.K KESHAVAMURTHY
                            AGED 56 YEARS
                            R/O KANDALI VILLAGE
                            BYLAHALLI ROAD
                            KASABA HOBLI
                            HASSAN TLAUK-573 201.
                                                                     ...APPELLANT
                      (BY SRI. VINOD PRASAD, ADVOCATE)

                      AND:
Digitally signed by
HARIKRISHNA V
Location: HIGH        1.    SRI. NARAYANA
COURT OF                    S/O LATE RANGEGOWDA
KARNATAKA
                            AGED ABOUT 61 YEARTS
                            R/O NAJADEVARA KAVALU VILLAGE
                            KUPPALI POST, KASABA HOBLI
                            HASSAN TALUK.

                      2.    SRI. C.L KRISHNAMURTHY
                            S/O LATE C.L GUPTA
                            AGED ABOUT 75 YEARS
                            R./O NO.12, 5TH CROSS
                            SARASWATHIPURAM
                            MAIN ROAD, J.S NAGARA,
                            NANDINI LAYOUT
                             -2-
                                       NC: 2024:KHC:46782-DB
                                       RFA No. 2214 of 2024




    BANGALORE-560 096.
                                             ...RESPONDENTS

     THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
28.08.2024 PASSED IN OS NO.116/2012 ON THE FILE OF II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN.,
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF
AGREEMENT.

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

CORAM:     HON'BLE MR JUSTICE K.SOMASHEKAR
           and
           HON'BLE MR JUSTICE RAJESH RAI K

                      ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the judgment and

decree passed in O.S.No.116/2012 dated 22.08.2024 by

the II Additional Senior Civil Judge and JMFC, Hassan.

2. Learned counsel, namely, Sri Vinod Prasad, for

the appellant is present before the Court physically and

submits that he has filed a memo seeking permission to

withdraw the present appeal.

3. Memo is taken on record.

4. In terms of the memo, the present appeal is

dismissed as withdrawn.

NC: 2024:KHC:46782-DB

5. Court fee which is paid by the appellant to

prefer the present appeal shall be refunded to the

appellant on due identification.

6. In view of disposal of the main appeal, the

interlocutory application, if any, is pending for

consideration and the same shall stand disposed of.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

KTY