IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.1873 OF 2017 BETWEEN:
Sri. M.K Puttaswamy Gowda S/o Sri. Krishnegowda Aged about 50 years, Proprietor of “Bengaluru Fruits and Vegetables”, Shop No.849 (B), 7th Cross, 10th Main, Mico Layout, BTM 2nd Stage Bengaluru – 560 076. …Appellant (By Sri B.S.Nataraja, Advocate) AND:
Sri.Masilamani S/o. Late M.Anthony Das, Aged about 83 years, Residing at No.849, 7th Cross,10th Main, Mico Layout, BTM 2nd Stage Bengaluru – 560 076.
... Respondent (By Sri C.H.Srinivas, Advocate) This RFA is filed under Order 41 Rule 1 read with Section 96 of the CPC., against the Judgment and Decree dated 01.8.2017 passed in O.S No.5011/2015 on the file of the LVI Addl. City Civil and Sessions Judge, Bengaluru (CCH 57) decreeing the suit for ejectment and recovery of arrears of Rent.
This appeal coming on for orders this day, the Court delivered the following:
JUDGMENT Appellant’s counsel is present.
2. Appellant’s counsel has filed a memo stating that the appellant does not press the appeal as the respondent has taken possession of the suit schedule property by executing the decree.
3. Memo is placed on record. Appeal is dismissed as withdrawn.
Refund 75% of the Court fee to the appellant.
Sd/-
JUDGE KA/-