IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.348 of 2019 (MON) BETWEEN :
MR.K.T.FRANCIS S/O.K.V.THOMAS AGED ABOUT 55 YEARS NO.89/3, 13TH MAIN 1ST CROSS, BEGUR ROAD HONGASANDRA BENGALURU – 560 068. ... APPELLANT (BY SRI.SAMPATH BAPAT, ADVOCATE) AND:
SMT.GRACY JOSEPH W/O.K.P.JOSEPH AGED ABOUT 57 YEARS 174, VAKIL GRADEN CITY KANAKAPURA ROAD BENGALURU – 560 062. ...RESPONDENT (BY SRI.PRAMOD NAIR, ADVOCATE FOR C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 & 2 R/W SECTION 96 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN O.S.NO.37/2013 DATED 31.08.2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT ANEKAL, BENGALURU RURAL DISTRICT AND DISMISS THE SUIT O.S.NO.37/2013 AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.
2. Memo is taken on record and perused.
3. Appeal is dismissed as not pressed.
4. In view of the dismissal of the appeal, 75% of the amount of Court fee paid by the appellant is directed to be refunded to the appellant by the Registry under Section 66 (2) (c) of the Karnataka Court-Fees and Suits Valuation Act, 1958.
In view of dismissal of the appeal as not pressed, pending application also stands dismissed as withdrawn.
Sd/- JUDGE Sd/- JUDGE VMB