IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.1775 OF 2016 BETWEEN:
K.Varadarajulu @ K.Varadaraju S/o Late Venkataswamy Aged about 70 years No.1, 15th Main, 13th Cross J.C.Nagar, Bengaluru-560 086 …Appellant (By Sri N. Murali, Advocate)(Absent) AND:
1. Shviamma Aged about 71 years Widow of Late Puttaiah 2. Srinivasa S/o Late Puttaiah Aged about 48 years Respondent Nos.1 and 2 Are R/at No.34/1, 13th Cross Kanteerava Colony Agrahara Dasarahalli Magadi Road, Bengaluru-79 3. D.Suresh Gowda S/o Dodda Lakshmaiah Aged about 51 years R/at No.5, Bhargava Nilaya Kirloskar Colony Kurubarahalli Main Road Bengaluru – 86 4. B.K.Lokesh S/o Anasuya Aged about 50 years R/at No.25, 14th Cross Agrahara Dasarahalli Magadi Road, Bengaluru-79 ... Respondents This RFA is filed under Order 41 Rule 1 read with Section 96 of CPC against the judgment and decree dated 23.07.2016 passed in O.S.No.10336/2005 on the file of the XVIII Additional City Civil Judge, Bengaluru City, dismissing the suit for permanent and mandatory injunction.
This appeal coming on for orders this day, the Court made the following:
ORDER The legal representatives of the appellant have filed a memo stating that this appeal be dismissed as not pressed. It is stated that the matter is settled outside the Court. It is seen that these legal representations have made an application under Order 22 Rule 3 of CPC to come on record after the death of sole appellant. In view of the memo filed by the legal representatives of the appellant, it is quite clear that they do not want to come on record as the matter is already settled outside the Court. Consequently, the application filed under Order 22 Rule 3 of CPC stands dismissed and the appeal also stands dismissed as abated.
KMV/-
Sd/- JUDGE