Raparla Lakshmi Bharathi vs The Chief Commissioner
2025 Latest Caselaw 3324 Kant

Karnataka High Court

Raparla Lakshmi Bharathi vs The Chief Commissioner on 12 August, 2025

                                                   -1-
                                                               NC: 2025:KHC:31193
                                                             RFA No. 1529 of 2023


                      HC-KAR



                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 12TH DAY OF AUGUST, 2025

                                                 BEFORE

                                THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

                               REGULAR FIRST APPEAL NO.1529 OF 2023 (INJ)

                      BETWEEN:

                      RAPARLA LAKSHMI BHARATHI
                      W/O SRI RAPARIA SREEDHAR,
                      AGED ABOUT 48 YEARS,
                      R/AT NO.164, 6TH MAIN ROAD,
                      D BLOCK, DEFENCE COLONY,
                      SAHAKARNAGAR, BANGALORE-560092.
                                                                        ...APPELLANT

                      (BY SRI MOHANA C., ADVOCATE)

                      AND:

                      THE CHIEF COMMISSIONER
                      BRUHAT BENGALURU MAHANAGARA PALIKE,
                      N.R. SQUARE, BANGALORE-560002.
                                                                       ...RESPONDENT
Digitally signed by
MAHALAKSHMI B M       (BY SRI MALLIKARJUN REDDY K.S., ADVOCATE)
Location: HIGH
COURT OF                     THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER
KARNATAKA
                      XLI RULE 2 OF CPC, AGAINST THE ORDER DATED 17.07.2023
                      PASSED      IN O.S.NO.25917/2023 ON THE FILE OF THE 74TH
                      ADDITIONAL CITY     CIVIL AND SESSIONS JUDGE, MAYOHALL,
                      BANGALORE DISMISSING THE SUIT AS NOT MAINTAINABLE FILED
                      UNDER ORDER VII RULE 11 OF CPC.


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

                      CORAM:     HON'BLE MRS. JUSTICE K.S. HEMALEKHA
                                     -2-
                                                        NC: 2025:KHC:31193
                                                   RFA No. 1529 of 2023


 HC-KAR




                         ORAL JUDGMENT

Learned counsel for the appellant files a memo, which

reads as under:

"It is respectfully submitted that the present appeal was filed by the Appellant against Judgment/order dated 17.07.2023 passed by the LXXIV Additional City Civil Judge, Bangalore (CCH-75) on I.A.No.3 filed by the Defendant/Respondent under Order VII Rule 11 of CPC in O.S.No.25917/2023 and consequently dismissing the suit of the Plaintiff/Appellant as not maintainable. Upon filing of the present Appeal, this Hon'ble Court was pleased to grant an interim order restraining demolition. The Appellant submits that there is no subsisting or imminent threat of demolition in respect of the property in question. In view of the above, the Appellant does not wish to pursue the mater any further and therefore prays that the present appeal may be dismissed as withdrawn."

2. Memo is taken on record.

3. In view of the memo, the appeal stands

dismissed as withdrawn.

Sd/-

______________________ JUSTICE K.S. HEMALEKHA AT