Sri. Jyhothikumar vs Sri. H. N. Raghu
2024 Latest Caselaw 27829 Kant

Karnataka High Court

Sri. Jyhothikumar vs Sri. H. N. Raghu on 20 November, 2024

Author: K.Somashekar

Bench: K.Somashekar

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                                                         NC: 2024:KHC:47196-DB
                                                         RFA No. 1428 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH 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. 1428 OF 2023 (SP)

                      BETWEEN:

                         SRI. JYHOTHIKUMAR
                         S/O SHIVANNA
                         AGED ABOUT 52 YEARS
                         R/AT BANNIKUPPE VILLAGE,
                         KASABA HOBLI,
                         HUNSUR TALUK - 571 105.
                                                                  ...APPELLANT
                      (BY SRI. B.S NAGARAJ, ADVOCATE)

                      AND:
Digitally signed by
HARIKRISHNA V            SRI. H. N. RAGHU
Location: HIGH           S/O. H.A NAGENDRA
COURT OF                 AGED ABOUT 32 YEARS
KARNATAKA
                         R/AT 1351, 1ST DIVISION, JLB,
                         ROAD, HUNSUR TOWN-571 105.
                                                                ...RESPONDENT
                      (BY SRI. MOHANA CHANDRA P, ADVOCATE)

                           THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
                      THE JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN
                      OS NO.72/2021 ON THE FILE OF PRINCIPAL SENIOR CIVIL
                      JUDGE AND JMFC, HUNSUR DECREEING THE SUIT FOR
                      SPECIFIC PERFORMANCE OF AGREEMENT.
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                                        NC: 2024:KHC:47196-DB
                                         RFA No. 1428 of 2023




    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

rendered by the Court of Principal Senior Civil Judge and JMFC,

Hunsur in O.S.No.72/2021 dated 19.04.2023, urging various

grounds.

2. Learned counsel Sri B.S.Nagaraj, for the appellant

is present before Court physically and seeks permission to

withdraw the appeal. He has also filed a memo dated

06.02.2024 seeking for withdrawal of the appeal.

3. The memo is taken on record.

4. Keeping in view the submission of the learned

counsel for the appellant and in view of the memo filed by the

learned counsel, it is deemed appropriate to permit the

appellant to withdraw the appeal as sought for. The office is

NC: 2024:KHC:47196-DB

directed to return the Court fee paid in the aforesaid appeal on

due identification.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

HKV