IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR M.F.A. NO.2088 OF 2015 (CPC) BETWEEN:
1. Smt. Gowramma, W/o Late Muniyappa, Aged about 52 years, Pattandur Agrahara, Near ITPL, Whitefield Post, Bengaluru-560 066.
2. Sri. Ramaiah, S/o Late Byrappa, Aged about 69 years, Residing at Honnagatta, Kodigehalli Post, Doddaballapura Taluk, Bengaluru Rural District-561 203.
3. Smt. Bylachamma, S/o Late Koomaiah, Aged about 78 years, Residing at Dasarahalli, K.R.Puram Hobli, Bengaluru-560 024.
4. Sri. R. Ramalingam, S/o Late Vadivelu, Aged about 67 years, 5. Smt. R. Shantha, W/o R. Ramalingam, Aged about 57 years, 6. Sri. R. Bhaskar, S/o R. Ramalingam, Aged about 40 years, 7. Smt. Saraswathi, D/o R. Ramalingam, Aged about 32 years, 8. Sri. V.R. Thyagaraju, S/o. R. Ramalingam, Aged about 37 years, 9. Smt. Latha T.G, W/o V.R. Thyagaraju, Aged about 32 years, Appellants 4 to 9 are Residing at No.12/91-2, New Kalappa Block, 1st Main Road, Ramachandrapuram, Bengaluru-560 021.
10. Sri. Chandru. G, S/o Govindaraju, Aged about 35 years, Residing at No.5, 5th Main Road, Hanumanthapura, Bengaluru-560 021.
…Appellants (By Ms. Akshita Jain, Advocate for Sri. H. Pavana Chandra Shetty for A1, A2, A4-A10, Advocate) AND:
1. Dr. Syed Mohammed Anees, S/o Syed Abubaker Aged about 44 years, Represented by his power of Attorney holder Sri. Syed Abubaker, Aged about 74 years, S/o Late Syed Meera Saheb, R/o No.155, 20th Main Road, II Phase, J.P.Nagar, Bengaluru-560 008.
2. M/s. Premium Constructions Pvt. Ltd., Having its office At No.4, Royal Park, 34, Park Road, Tuskar Town, Shivajinagar, Bengaluru-560 051, Represented by its Director, Mr. Brij Mohan Arora, S/o Rattan Chand Arora, Aged about 65 years.
3. Sri. K.N. Rao, S/o Late K.V. Rao, Aged about 71 years, Director, M/s Premium Constructions Pvt, At No.4, Royal Park, 34, Park Road, Tuskar Town, Shivajinagar, Bengaluru-560 051.
4. M/s. Maxworth Reality India Ltd., No.12/2, KMP House, Yamuna Bai Road, Madhavanagara, Bengaluru-560 001, Represented by its Managing Director.
5. The Commissioner, Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bengaluru-560 001.
6. The Additional Commissioner, Bruhat Bengaluru Mahanagara Palike, Byatarayanapura Ward, Yelahanka Circle, Bengaluru-560 092.
7. The Joint Commissioner, Bruhat Bengaluru Mahanagara Palike, Byatarayanapura Ward, Yelahanka Circle, Bengaluru-560 092.
8. The Assistant Revenue Officer, Bruhat Bengaluru Mahanagara Palike, Byatarayanapura Ward, Yelahanka Circle, Bengaluru-560 092.
...Respondents (By Smt. K.M. Vamshi, Advocate for Sri. K. Suman for C/R1 to R3).
*** This Miscellaneous first appeal is filed under Order 43 Rule 1 (r) of Code of Civil Procedure, 1908, against the order dated 19.02.2015 passed on IA.No.3 in O.S.No.8316/2014 on the file of the 40th Additional City Civil and Sessions Judge, Bengaluru, partly allowing IA.No.3 filed under Order 39, Rules 1 and 2, read with Section 151 of CPC.
This appeal coming on for Admission this day, the court, delivered the following:
JUDGMENT Learned counsel for the appellants present and counsel for the respondent No.1 submits that he has already given NOC to respondent No.1.
2. Learned counsel for the appellants files a memo dated 06.12.2019 seeking leave of this Court to withdraw the above appeal.
3. Placing the memo on record, the appellant is permitted to withdraw the appeal.
Accordingly, appeal is dismissed as withdrawn.
Sd/- JUDGE ag