IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1114 OF 2015 BETWEEN:
Sri. M.Asaithambi S/o. Late Muthuswamy, Aged about 61 years, R/at No.82, 2nd Cross, Bhashamnagar, Sriramapura Post, Bengaluru-560 021. …Appellant (By Sri.Prabhu and Srinivas, Advocates) AND:
1. M.Gunalan S/o. Late Muthuswamy, Aged about 59 years, R/at No.89/81, Hosakerehalli, Near 43B Last Bus Stop, BSK III Stage, Bengaluru-560 085.
2. M.Babu S/o Late Muthuswamy, Aged about 41 years, R/at No.82, 2nd Cross, Bhashamnagar, Sriramapura Post, Bengaluru-560 021.
3. Smt. Kamalamma W/o. Late Muthuswamy, Aged about 88 years, R/at No.82, 2nd Cross, Bhashamnagar, Sriramapura Post, Bengaluru-560 021.
4. Smt. Rani W/o. D.Gnanamurthy, Aged about 55 years, R/at No.102, Vinayaka Street, Hanumanapalya, Venkatapura, Bengaluru-560 045.
5. Smt. M.Selvi, W/o. Sri. Chittibabu, Aged about 52 years, R/at No.C-16, 1st Main, Kalappa Block, Ramachandrapuram, Bengaluru-560 021.
…Respondents (By Sri. Halesha R.G. Advocate for R-1 and R-2; Sri. M.Suresh, Advocate for R-3 to R-5) **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:13-04-2012 passed in O.S.No. 9376/2007 on the file of the XXII Additional City Civil Judge, Bangalore, decreeing the suit for partition and separate possession.
This Regular First Appeal coming on for Further Orders, this day, the Court made the following:
O R D E R Called again in the afternoon.
Learned counsel for the appellant is absent.
Learned counsel for the respondents is present.
2. Learned counsel for the respondents submits that even after settling the matter with the respondents and the appellant filing a memo to that effect before this Court on 15-11-2018, wherein he has reported the settlement of the case and sought for withdrawal of the appeal as not pressed, still, the appellant is intentionally not appearing in this matter and causing great inconvenience to the respondents.
Learned counsel further submits that since sufficient opportunities have been given to the appellant, the memo for withdrawal of the appeal filed by him be considered and the appeal be dismissed as not pressed.
He also submits that in the said event, the memo filed by the respondents seeking for dismissal of the appeal dated 13-08-2019 becomes infructuous.
3. A perusal of the case records would go to that the appellant himself through his counsel has filed a memo for withdrawal stating that the appeal has been settled out of Court and hence, the appellant is not interested to contest or continue with the above appeal. The said memo is shown to have been signed both by the appellant in person as well by the learned counsel for the appellant.
4. In view of the memo and submissions made by the learned counsel for the respondents, as stated above, the appeal stands dismissed as not pressed.
In view of the above, the memo seeking dismissal filed by the respondents dated 13-08-2019 becomes infructuous and all the pending interlocutory applications do not survive for consideration.
Sd/- JUDGE BMV*