IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA R.F.A.NO.1198 OF 2017 (SP) BETWEEN:
M/S. HUSKLITE PANELS PVT. LTD. NO.10-G, 4TH MAIN, 2ND CROSS, KALYAN NAGAR, BANGALORE – 560 043. REPRESENTED BY ITS MANAGING DIRECTOR, SRI K.T.MATHEW, AGED ABOUT 55 YEARS, S/O LATE K.M.THOMAS, NOW REPRESENTED BY MR.M.KRISHNA MURTHY, AGED ABOUT 52 YEARS, S/O MUNISWAMY.
(BY SRI POONACHA A., ADV.,) AND:
1. SMT JAYA MATHAI D/O. LATE DR.MARY VARGHESE, AGED ABOUT 52 YEARS, 2. SMT VALSA VARGHESE CHACO D/O LATE DR.MARY VARGHESE, AGED ABOUT 53 YEARS, BOTH RESPONDENT NO.1 AND 2 ARE RESIDING AT C13/5A, DLF QUTAB ENCLAVE PHASE I, GURGAON – 122 002, HARAYANA.
... APPELLANT …RESPONDENTS (BY SRI RUPERT M.ROSARIO, ADV., FOR C/R1 & R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.03.2017 PASSED IN O.S.NO.1255/2006 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE, BENGALURU RURAL DIST., BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant has filed a memo for withdrawing the appeal with liberty to file a Regular Appeal before the District Judge, Bangalore Rural District.
2. Memo is placed on record. Accordingly, appeal is dismissed as withdrawn. Office is directed to refund the court fee in terms of the provision under the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/-
JUDGE PB