Sri M Prasantha vs Smt D Nethra
2024 Latest Caselaw 22155 Kant

Karnataka High Court

Sri M Prasantha vs Smt D Nethra on 2 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                    NC: 2024:KHC:35475
                                                   RFA No. 564 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 564 OF 2015 (INJ)
            BETWEEN:
            SRI M PRASANTHA,
            AGED ABOTU 35 YEARS,
            S/O SRI MANOHARA,
            RESIDING AT NO.4076/26,
            9TH CROSS, GAYATHRINAGAR,
            II STAGE, RAJAJINAGAR,
            BAGNALORE-560 021.
                                                          ...APPELLANT
            (BY SRI H V DEVARAJU, ADVOCATE)
            AND:
            1.    SMT D NETHRA,
                  D/O SRI M R DOORAISWAMY,
                  AGED ABOUT 30 YEARS,
                  RESIDING AT 461/4, 9TH D MAIN ROAD,
                  VIJAYANAGAR, BANGALORE-560 040.

            2.  SRI M HARISH,
Digitally       S/O SRI MANOHARA,
signed by
MALATESH        AGED ABOUT 38 YEARS,
KC              RESIDING AT NO.485, WARD NO.16, TANK ROAD,
Location:       DODDABALLAPURA TOWN,
HIGH            BNAGALORE RURAL DISTRICT-561203.
COURT OF                                              ...RESPONDENTS
KARNATAKA   (BY V/O/DT: 05.02.2021 NOTICE TO R1 IS HELD SUFFICIENT
             R2 SERVED AND UNREPRESENTED)
                 THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
            AGAINST THE JUDGMENT AND DECREE DATED 26.02.2015
            PASSED IN O.S NO.2822/2013 ON THE FILE OF THE XXIV
            ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY
            (CCH-6),  DISMISSING   THE   SUIT  FOR   PERMANENT
            INJUNCTION.
                              -2-
                                             NC: 2024:KHC:35475
                                            RFA No. 564 of 2015




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

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                     ORAL JUDGMENT

Learned counsel for the appellant has filed a memo,

which reads as under:

"The present Appeal filed by the Plaintiff against the Judgment and Decree, dismissing the Suit for Injunction. In view of the Judgment and Decree passed in O.S.No.8764/2012, wherein, the Appellant herein is the absolute owner in possession of the Suit Schedule Property. Hence this Memo.

WHEREFORE, the Appellant prays that this Hon'ble Court may kindly be pleased to record that, the Appellant has not pressed the above Appeal, in the interest of justice."

2. Accordingly, the Appeal is dismissed as not

pressed.

NC: 2024:KHC:35475

3. In view of the disposal of the main appeal

I.A.No.1/2021 does not survive for consideration,

accordingly, disposed of.

Sd/-

(V SRISHANANDA) JUDGE

GVP