IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1608 OF 2013 (CPC) BETWEEN:
MRS.ASIA BEGUM, WIFE OF MR.MOHAMMED AKBAR, AGED ABOUT 61 YEARS, RESIDING AT:
NO.10, KENCHAPPA ROAD CROSS, BENGALURU. …APPELLANT (BY SRI.MOHASSIN KHAN, FOR SRI KAMAL AND BHANU, ADVOCATES) AND:
1. MR.H.S.KHYSER SHERIFF, SON OF LATE S.A.SALEHA SHERIFF, AGED ABOUT 43 YEARS.
2. MR.H.KHAISARI BEGUM, WIFE OF MR.H.S.KHYSER SHERIFF, AGED ABOUT 37 YEARS.
3. MR.H.S.UMAR SHERIFF, SON OF LATE S.A.SALEHA SHARIFF, AGED ABOUT 40 YEARS.
4. MRS.PARVEEN BANU, SON OF H.S.UMAR SHERIFF, AGED ABOUT 32 YEARS.
ALL ARE RESIDING AT;
FLAT NO.103, NAGARJUNA ELYSES, NO.47 DAVIS ROAD, RICHARDS TOWN, BENGALURU – 560005. ...RESPONDENTS (BY SRI.G.S.RAVISHANKAR, FOR SRI G.S.SRIKANTESHWARA, ADVOCATES) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.11.2012 PASSED ON IA NO.1 IN O.S.NO.25823/2012 ON THE FILE OF THE 13TH ADDITIONAL CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING IA NO.1 FILED UNDER ORDER 39, RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Heard the counsel for the appellant. Perused the grounds stated in the appeal memorandum.
Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal. It is submitted that the construction activities are already completed.
In addition to that there are no valid grounds to admit the appeal. Accordingly, the appeal is dismissed as withdrawn.
Sd/- JUDGE ykl