IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.1752 OF 2011 BETWEEN:
1. Govindaraju S/o Late Krishnappa Aged about 40 years V.N.R.Road Cross Bengaluru – 560 002 2. Smt. Anasuya W/o Sri Govindaraju Aged about 35 years V.N.R.Road Cross Bengaluru – 560 002 …Appellants (By Sri C.M.Nagabushana, Advocate) AND:
1. Smt. Shivakumari Devi W/o S.K.Singh Aged about 53 years Superintending Engineer C.W.E. Sri Ganganagar Headquarters Rajasthan State PIN-335 001 2. Nadupi Venkatappa S/o Mandiyappa Aged about 53 years No.212, 7th Cross Near Meenakshi Steel New Thippasandra Bengaluru – 560 075 ... Respondents (By Sri D.R.Ravishankar, Advocate for R1;
Vide order dated 18.02.2015, notice to R2 dispensed with) This RFA is filed under Section 96 of CPC against the judgment and decree dated 20.10.2010 passed in O.S.No.7810/2006 on the file of the XLIII Additional City Civil and Sessions Judge, CCH-44, Bengaluru, decreeing the suit for the declaration and permanent injunction.
This appeal coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is present. He has filed a memo stating that in view of Miscellaneous Petition No.605/2011 being allowed by the trial Court, the appellants do not press this appeal as it will not survive for consideration. Memo is placed on record. Appeal is dismissed.
KMV/-
Sd/- JUDGE