IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.6613 OF 2018 (CPC) BETWEEN G.R.Gnanaprakash, Aged about 60 years, S/o. Late A.Raju @ Gabriel Raj, R/at No.E/34/1, No.70, Old No.184/3, Bilekhalli Layout, B.G.Road, Bengaluru South, Banneraghatta Road, Bengaluru-560076.
(By Sri. Manian K.B.S., Advocate) AND 1. G.R.Anthony Raj, S/o. Late A.Raju @ Gabriel Raj, Aged about 68 years, R/at Flat No.914, 24th Cross, 1st Stage, 18th Main Road, Kumaraswamy Layout, Bengaluru.
2. Mery Leela A., W/o. Anthony, D/o. A.Raju @ Gabriel Raj, R/a No.142, 5th Cross, Bannerghatta Road, Bilekhalli Layout, …Appellant Bengaluru South, Bengaluru-560076.
3. G.R.Joseph, Aged about 62 years, S/o. Late A.Raju @ Gabriel Raj, R/at No.37, 2nd Cross, Doresanipalya, B.G.Road IIM (P), Bengaluru-560076.
4. Mery W/o. Anthony Raj, D/o. A.Raju @ Gabriel Raj, Aged about 57 years, R/at No.71/6, 4th Cross, Near Amalodvavi Temple, Doresanipalya, Bilekahalli, Bengaluru South Bengaluru-560076.
(By Sri. D.R.Sundaresha, Advocate for R1, R2 to R4 -served) …Respondents This MFA is filed under Order 43 Rule 1 (r) of CPC against the order dated 18.07.2018 passed on I.A.No.2 in O.S.No.3204/2018 on the file of the 31st Additional City Civil & Sessions Judge, Bengaluru City (CCH-14), allowing the I.A.No.2 filed under Order 39 Rules 1 & 2 of CPC This MFA coming on for admission this day, the court made the following:
ORDER The appellant’s counsel files memo of undertaking. As per this memo, the appellant has undertaken that he will not alienate by way of sale 40% share in the apartments to be constructed and corresponding proportionate undivided share in items 5 to 7 of the suit schedule properties that he is entitled to under joint development agreement dated 27.11.2017 till disposal of suit for partition. This memo is placed on record. The appellant’s counsel submits that in respect of other items of the plaint schedule property, the appellant does not press this appeal. Therefore, in terms of the memo filed by the appellant, the appeal stands disposed of.
Sd/- JUDGE ckl