IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE H.P.SANDESH R.F.A.NO.707/2013 BETWEEN:
LT. COL. B.N.KAKDE (RETD.) AGED 74 YEARS, SON OF LATE K.NARAYAN RAO, RESIDING AT NO.334, GROUND FLOOR, 14TH MAIN, RAJMAHAL VILAS EXTENSION, BANGALORE – 560 080. … APPELLANT (BY SRI SURESH S.LOKRE, ADVOCATE) AND:
M.RAMACHANDRA, SINCE DECEASED BY HIS L.RS.
1(a) MRS.K.T.RANJINI, AGED ABOUT 56 YEARS, 1(b) MR.M.R.RAJATH, AGED ABOUT 34 YEARS, 1(c) MR.M.R.RAHUL, AGED ABOUT 32 YEARS, 1(d) MR.M.R.RAKSHITH, AGED ABOUT 24 YEARS, ALL ARE RESIDING AT NO.43, 9TH MAIN, 5TH CROSS, RAJMAHAL VILAS EXTENSION, BANGALORE – 560 080. … RESPONDENTS (NOTICE TO R1 (a, c & d) IS HELD SUFFICIENT, R1(b) IS SERVED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.02.2013 PASSED IN O.S.NO.2783/2000 ON THE FILE OF XXX ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS RFA COMING ON FOR HEARING, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant files a memo dated 17.10.2019 seeking leave of the Court to withdraw the appeal with liberty to initiate execution proceedings for recovery of the decreetal amount.
Memo is placed on record. Appeal is dismissed as withdrawn.
Registry is directed to refund the court fee to the appellant.
Sd/- JUDGE PKS