IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH R.F.A.No.899/2012 (DEC) BETWEEN:
SRI. MARUTHI RAO AGED ABOUT 68 YEARS SON OF LATE SRI. RAMACHANDRA RAO R/AT No.17, G.NO.6TH STREET JOGUPALYAM ULSOOR BENGALURU-560 008. … APPELLANT (BY SRI. PARAS JAIN, ADVOCATE) AND:
1. SMT. VASANTHA BAI W/O. LATE SRI.NEELAKANTA RAO 2. SRI. N. RAMESH AGED ABOUT 56 YEARS S/O. LATE SRI. NEELAKANTA RAO 3. SRI. N. SRIDHAR AGED ABOUT 42 YEARS S/O. LATE SRI. NEELAKANTA RAO ALL ARE R/AT PORTION IN HOUSE NO.17 G.NO.6TH STREET JOGUPALYAM ULSOOR BENGALURU-560 008. ... RESPONDENTS (BY SRI. V.B. SHIVAKUMAR, ADVOCATE FOR R1-R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED 30.11.2011 PASSED IN O.S.NO.6749/1997 ON THE FILE OF INCHARGE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FILED FOR DECLARATION AND DIRECTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Heard both learned counsel for the appellant as well as learned counsel for the respondents on I.A.No.1/2019 filed under Order XXIII Rule 3 of Civil Procedure Code, 1908 praying this Court to permit the appellant to withdraw the suit with leave to file fresh suit for the subject matter of the suit, as they have not made other members of the family as parties to the suit, who are necessary parties.
2. Learned counsel for the respondents submits that he has no objection to allow I.A.No.1/2019.
3. In view of the reasons assigned in the affidavit accompanying the application and there is no objection by the learned counsel for the respondents to allow the application, I.A.No.1/2019 is allowed. The appellant is permitted to withdraw the suit as prayed in I.A. Consequently, the appeal is disposed of.
Sd/- JUDGE PYR