IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2017 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO R.F.A.No.467/2017 (DEC) BETWEEN:
1. SHRI ASHWATHAPPA S/O MAYANNA AGED ABOUT 73 YEARS 2. SHRI MAYANNA S/O ASHWATHAPPA AGED ABOUT 48 YEARS 3. SHRI NAGARAJA S/O ASHWATHAPPA AGED ABOUT 33 YEARS ALL ARE R/AT SY.No.8/1 BEHIND:MPM LAYOUT MALLATHAHALLI VILLAGE NAGARABHAVI, YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 087.
…APPELLANTS (BY SRI V VISWANATHA SETTY, ADVOCATE) AND:
SMT. NANDINI W/O MUKUND AGED ABOUT 42 YEARS R/AT No.62, 7TH MAIN ROAD SHARADA COLONY BASAVESHWARA NAGAR BANGALORE – 560 079.
(BY SRI SUNIL DUTT YADAV, ADVOCATE) …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.10.2015 PASSED IN OS No.1620/2014 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH No.25), DECREEING THE SUIT FOR DECLARATION AND RECOVERY OF POSSESSION.
THIS RFA COMING ON FOR ORDERS THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER Learned counsel for the appellants seeks permission to withdraw the appeal with a view to make appropriate application under Order 9 Rule 13 of CPC for setting aside of the ex parte order together with the condonation of delay in the said proceedings.
2. Without expressing any opinion on merits, permission is granted.
3. Appeal is disposed of as withdrawn. Consequently, I.A.No.1/2017 shall also stand disposed of.
Other interlocutory applications shall not arise for consideration since the main appeal itself has been disposed of as observed earlier.
Refund of court fee to follow.
Sd/- JUDGE Sd/- JUDGE mv