K V Prasad vs M/S Ozone Realtos Private Limited
2024 Latest Caselaw 22702 Kant

Karnataka High Court

K V Prasad vs M/S Ozone Realtos Private Limited on 5 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                                -1-
                                                               NC: 2024:KHC:36400
                                                           RFA No. 2273 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
                                              BEFORE
                              THE HON'BLE MR JUSTICE V SRISHANANDA
                         REGULAR FIRST APPEAL NO. 2273 OF 2023 (INJ)
                      BETWEEN:
                         SRI K V PRASAD,
                         S/O K R VENKATESULU,
                         AGED ABOUT 58 YEARS,
                         R/AT NO 128, RAILWAY PARALLEL ROAD,
                         KUMARA PARK WEST, BENGALURU 560 020.
                         REPRESENTATION BY HIS GENERAL POWER OF
                         ATTORNEY HOLDER, MR. ARJUN K.V.
                                                              ...APPELLANT
                      [BY SRI KESHAV M DATAR, ADVOCATE (PH)]
                      AND:
                         M/s. OZONE REALTOS PRIVATE LIMITED,
                         NO 51/7-1, RATHNA AVENUE,
                         OFF RICHMOND ROAD, CIVIL STATION,
                         BANGALORE 560 025.
                                                                 ...RESPONDENT
                      (BY SRI DEEPAK BHASKAR, ADVOCATE)
                           THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
Digitally signed by   THE ORDER DATED 10.03.2023 PASSED ON IA           IN OS
GEETHAKUMARI
PARLATTAYA S          NO.439/2018 ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL
Location: High        JUDGE, BANGALORE CITY, ALLOWING THE IA FILED UNDER
Court of Karnataka    ORDER 7 RULE 11 OF CPC., FOR REJECTION OF PLAINT.


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

                      CORAM:    HON'BLE MR JUSTICE V SRISHANANDA
                                  -2-
                                                   NC: 2024:KHC:36400
                                                 RFA No. 2273 of 2023




                         ORAL JUDGMENT

Sri. Keshav M Datar, learned counsel for the

appellant has filed memo dated 05.09.2024 seeking

withdrawal of the petition. The memo reads as under:

"The appellant most respectfully craves leave of this Hon'ble Court \to withdraw the present appeal with liberty to file a Comprehensive suit.

WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to permit the Appellant to withdraw the present Appeal with liberty to file a Comprehensive suit, in the interest of justice and equity."

2. In view of the memo filed, the appeal is

dismissed as withdrawn.

3. It is made clear that despite the liberty

granted, the parties are entitled to canvas all possible

grounds which would advance their respective cases

including the ground of limitation.

Sd/-

(V SRISHANANDA) JUDGE

PSG