IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL REGULAR FIRST APPEAL NO.900/2007 (RES) BETWEEN:
Sri.N.Sadashivaiah, Aged about 63 years, S/o. late Nanjundappa, Carrying on business At No.4/1-A, O.T.C.Road, Bangalore – 560 002. ... Appellant (By Sri.Y.K.Narayana Sharma, Adv.,) AND:
Sri.S.Nagaraju, S/o. late S.Shamaiah Raju, Since deceased by LRs’.
(a) Sri.S.N.Kishore, S/o.late S.Nagaraju, Aged 55 years.
(b) Smt.Geetha, W/o. late.S.N.Dilip Kumar, Aged about 51 years.
(c) Sri.Rajkiran, S/o. late.S.N.Dilip Kumar, Aged about 31 years.
(d) Smt.Asha Devi, D/o. late.S.N.Dilip Kumar, Aged about 32 years.
All are residing at No.4/1, O.T.C.Road Bengaluru – 560 002.
(By Sri.C.Parameshwarappa, Adv.,) ...Respondents (Amendment carried out vide order Dt:18.03.2014.) This RFA is filed under Section 96 of CPC against the judgment and decree dt.9.2.2007 passed in O.S.No.8326/2002 on the file of the XV Addl. City Civil and Sess. Judge, Bangalore (CCH-3) decreeing the suit for ejectment.
This RFA coming on for Orders this day, the court delivered the following:
JUDGMENT The appellant has filed a memo for dismissal of the appeal as settled out of the Court. Therefore, the appeal dismissed.
2. Registry is directed to refund the admissible Court fee.
3. In view of the dismissal of the appeal, IA No.1/2016 does not survive for consideration, disposed of accordingly.
Sd/-
JUDGE SA