IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF AUGUST, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.202 OF 2017 BETWEEN:
M/s. Karnataka Engineering Works, No.165, 2nd Cross, 10th Main, III Phase, Peenya Industrial Estate, Bangalore-560 058 Represented by its partner: Smt. Arathi Prabhu.
(By Sri. Y.K.Narayana Sharma and Sri Y.V.Prakash, Advocates) AND:
Sri. M. Venkatesh Aged about 74 years, S/o. Late Munivenkatappa, Residing at No.410, 12th Cross, Palace Upper Orchards, Sadashivanagar, Bangalore-560 080.
(By Sri.D.R.Ravishankar, Advocate ) …Appellant …Respondent **** This Regular First Appeal is filed under Section 96 R/W Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated:22.10.2016 passed in O.S.No.5382/2012 on the file of the III Addl. City Civil and Sessions Judge, Bengaluru City, (CCH-25), partly decreeing the suit for permanent injunction.
This Regular First Appeal coming on for Admission this day, the Court made the following:
O R D E R Learned counsel for the appellant present and files a memo not pressing the appeal.
Learned counsel submits that in view of the subsequent developments taken place with respect to the suit property, the present appeal does not survive for consideration.
In view of the memo and supporting submission, the appeal is dismissed as not pressed.
In view of dismissal of main appeal, I.A.No.1/2017 does not survive for consideration.
Sd/- JUDGE PN