IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1391 OF 2016 BETWEEN:
Sri. K.Srinivasalu, Aged about 82 years, S/o. Late V.Krishnaswamy, No.8, 1st Street, Markham Road Cross, Ashoknagar, Bengaluru-560025.
(By Sri. B.V.Badrinath, Advocate) AND:
Yeshas, Aged about 17 years, S/o. Late Sridhar Babu, Represented by his Guardian Mother Smt. S.Shoba, W/o. Late Sridhar Babu, Aged 39 years, Presently R/at No.59/B, 5th Main, II Cross, Kasturibanagar, Ashwathakatte Road, Mysore Road Toll Gate, Bengaluru-560026.
…Appellant ... Respondent This RFA is filed under Section 96 of CPC against the judgment and decree dated 16.03.2016 passed in O.S.No.304/2007 on the file of the III Additional City Civil and Sessions Judge, Bengaluru (CCH No.25), decreeing the suit for possession.
This RFA coming on for orders this day, the Court made the following:
ORDER Appellant’s counsel submits that on 06.02.2019 this appeal was dismissed for non compliance of office objections. But on 28.01.2019 itself he had filed a memo stating that the appellant would not press the appeal. When this appeal was dismissed on 06.02.2019, this memo was not posted before the Court. Therefore appellant has filed an application as per IA No.1/2019 for recalling the order dated 06.02.2019 and to pass orders on memo dated 28.01.2019.
2. This mistake had occurred because of non posting of memo before the Court. Taking note of this, order dated 06.02.2019 is recalled. Placing memo dated 06.02.2019 on record, the appeal is dismissed as not pressed.
75% of the Court fee paid by the appellant be refunded.
KMV/-
Sd/- JUDGE