IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.118 OF 2019 BETWEEN:
1. Smt. Savithramma Aged about 57 years, W/o. Late T. Ramanna, R/at: Parappana Agrahara Village, Begur Hobli, Electronic City Post, Bangalore-560 100.
2. Sri. Venkatesh Aged about 40 years, S/o. Late T. Ramanna, R/at: Parappana Agrahara Village, Begur Hobli, Electronic City Post, Bangalore-560 100.
3. Sri. Vijay Kumar Aged about 38 years, S/o. Late T.Ramanna, R/at: Parappana Agrahara Village, Begur Hobli, Electronic City Post, Bangalore-560 100.
(By Sri.M.S.Mukarram, Advocate) …Appellants AND:
P.V.Narayana Reddy S/o. Late Venkataswamy Reddy, Aged 65 years, Survey No.45/2, Parappana Agrahara Village, Near Parappana Agrahara, Opp. Central Jail, Electronic City, Bangalore-560 100.
…Respondent **** This Regular First Appeal is filed under Section 96 read with Order XLI, Rule 1 of Code of Civil Procedure against the order dated 29-09-2018 passed in P.MISC.No.30/2012 on the file of the XV Additional City Civil and Sessions Judge, Bangalore City, (CCH.No.3), dismissing the petition filed under Order 44 Rule 1 of CPC.
This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Called again in the afternoon.
2. Learned counsel for the appellants files a memo seeking withdrawal of this appeal, however, with a liberty to challenge the impugned order before the appropriate forum/Court in an appropriate manner.
3. Accordingly, the appeal stands dismissed as withdrawn without affecting the liberty of the appellants to challenge the impugned order in a process known to law.
Sd/- JUDGE BMV*