IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF AUGUST, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.556 OF 2016 BETWEEN:
Mr. S.N.Shiva Kiran S/o. S.N.Narayan, Aged 43 years, R/at No.46, in R.S.No.39, A.D.Halli, 4th Block, 4th Stage, W.C.Road, Basaveshwara Nagara, Bangalore-560 079.
(By Sri. S. Kalyan Basavaraj, Advocate) AND:
The Bangalore Development Authority By its Commissioner, Kumara Park (West), Bangalore – 560 020.
(By Sri.Bipin Hegde, Advocate) **** …Appellant …Respondent This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 06.01.2016 passed in O.S.No.4999/2000 on the file of the XVI Addl. City Civil and Sessions Judge, Bangalore City, dismissing the suit for permanent injunction.
This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Heard I.A.No.1/2019 filed by the appellant under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, wherein, he has prayed for permission to withdraw this appeal with permission to file a fresh suit on the same cause of action.
After making some submission, learned counsel for the appellant/applicant submits that he would confine his prayer only for withdrawal of the appeal as not pressed. For such a withdrawal of the appeal as not pressed, the respondent submits no objection.
In view of the above submission, I.A.No.1/2019 is allowed in part. The appeal stands dismissed as not pressed and withdrawn.
In view of dismissal of the main appeal, I.A.No.1/2016 does not survive for consideration.
Sd/- JUDGE PN