IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI R.F.A.No.1081/2018 (SP) BETWEEN:
K.U. KUMAR S/O. K. UTTAPPA, AGED ABOUT 65 YEARS, R/AT S.V.T. ROAD, KOPPA TOWN, CHIKKAMAGALURU DISTRICT – 577 117. ... APPELLANT (BY SRI RAVI J.S., ADVOCATE FOR SRI RAMACHANDRA G. BHAT, ADVOCATE) AND:
1. MR. MUSTHAQ AHMED S/O. MOHAMMED GHOUSE, AGED ABOUT 56 YEARS, R/AT BHARATHI STREET, NEAR WELCOME GATE, SRINGERI TOWN, CHIKKAMAGALURU DISTRICT – 577 117.
2. MR. U.K. BALAKRISHNA KAMATH S/O. U.K. KAMATH, AGED ABOUT 47 YEARS, RESIDING AT NEAR J.M.J TALKIES, AT KOPPA TOWN, CHIKKAMAGALURU DISTRICT – 577 101.
3. MR. VENKATARAYA MANOOR KAMATH S/O. PADMANABHA KAMATH, AGED ABOUT 43 YEARS, R/AT NO.311, RICHFIELD APARTMENT, OPPOSITE KAMALA MANDIRA, OUTER RING ROAD, MARATHA HALLI, BANGALORE – 560 037. ... RESPONDENTS ***** THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17/03/2018 PASSED IN O.S.NO.15/2018 (OS.NO.153/2012) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA ITINERATE AT KOPPA, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for appellant has filed a memo seeking permission to withdraw this appeal reserving liberty to the appellant to file an application in terms of Order XX Rule 11(2) of Code of Civil Procedure, 1908 (CPC), before the Court which has passed the impugned judgment and decree.
Memo is taken on record. Appeal is dismissed as withdrawn, reserving liberty to the appellant to file an application under Order XX Rule 11(2) of CPC.
If such an application is filed by the appellant herein, the trial Court is directed to dispose of the same in accordance with law and after giving an opportunity of being heard to the respondent – decree holder.
In view of the above, Registry to refund 75% of the Court Fee paid by the appellant in terms of Section 66(2) (c) of the Karnataka Court Fees and Suits Valuation Act, 1958, to the appellant.
In view of the dismissal of the appeal being dismissed as withdrawn, I.A.No.I/2018 stands disposed.
Sd/- JUDGE Sd/- JUDGE *mvs