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2025 DAILYLAW 33510 (KAR)

SRI M PARTHASARADHI NAIDU v. SRI M ASHWATH

RFA/2223/2024 · 2025-04-24

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16829 RFA No. 2223 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 2223 OF 2024 (INJ) BETWEEN: SRI. M. PARTHASARADHI NAIDU S/O. SRI. DORA SWAMY NAIDU AGED ABOUT 56 YEARS RESIDING AT NO. 32, 32A SUMUKHA RESIDENCY, 4TH F-1 7TH CROSS, OPP. TO RAMANJANEYA LAYOUT CHIKKALASANDRA BENGALURU - 560 061. …APPELLANT (BY SRI. SHREEDHARA .B.E, ADVOCATE) AND: 1. SRI. M. ASHWATH S/O. SRI. MUNIYAPPA AGED ABOUT 54 YEARS RESIDING AT NO. 1, C2 AND 3 23RD CROSS, ARJUN ANTHARA FLAT NO. 403, 3RD FLOOR J.P. NAGAR V PHASE BENGALURU - 560078. 2. SMT. REVATHI W/O. SRI. L RAJASHEKAR AGED ABOUT 49 YEARS R/A. NO.15-204, K N ROAD, PUTTUR Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16829 RFA No. 2223 of 2024 CHITTOOR, ANDHRA PRADESH - 517583. NOW HAVING COME TO BANGALORE NO. 1, 3RD MAIN, ASTALAKSHMI LAYOUT PUTTENHALLI MAIN ROAD JP NAGAR 6TH PHASE BENGALURU - 560078. 3. SRI. MUNIYELLAPPA S/O. DODDAVAJRAPPA AGE MAJOR R/A. SARAKKI KERE VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK. 4. SRI. GURUDEV S/O. STAR MUNISWAMY AGED ABOUT 51 YEARS R/A. NO. 24, 20TH MAIN 19TH CROSS, JP NAGAR 6TH PHASE, BANGALORE-560078. 5. THE DISTRICT REGISTRAR OFFICE 12TH MAIN, IV BLOCK JAYANAGAR, BANGALORE. 6. THE SUB-REGISTRAR JP NAGAR KONANKUNTE ROAD, KONANKUNTE BANGALORE. …RESPONDENTS THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 5.07.2024 PASSED IN OS NO.5682/2010 ON THE FILE OF XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE., DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:16829 RFA No. 2223 of 2024 ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal. The memo reads as under; “The Appellant respectfully submit that, the Appellant has not pressing the suit against the respondents in the above appeal, therefore, this Hon'ble Court may be pleased to permit the Appellant to withdraw the above suit as not pressed. Wherefore, the appellant most humbly prays that this Hon'ble Court may be pleased to dismiss the above appeal as not pressed against the respondents, in the interest of justice and equity." 2. Memo is place on record. 3. In view of the memo, the appeal is dismissed as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 7