IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.878 OF 2018 BETWEEN Sri. Narayana, Son of Sri.Hanumanthaiah, Aged about 48 years, R/at No.264, Anchekeri, Kengeri Village, Kengeri Hobli, Bengaluru South Taluk-560060.
(By Sri. Subba Shastry N., Advocate) AND Sri. Ramakrishna, Son of Kempegowda, Aged about 55 years R/at No.1833, 18th Main Road, Muneshwara Block, GEF PO, Mysore Road, Bengaluru-560026.
…Appellant …Respondent (By Sri. Somashekaraiah H.M., Advocate for C/R) This RFA is filed under Order 41 Rule 1 read with Section 96 of CPC, against the judgment and decree dated 16.03.2018 passed in O.S.No.2089/2013 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru City, dismissing the suit for permanent injunction.
This RFA coming on for admission, this day, the Court made the following :
ORDER Advocate for the appellant files a memo now seeking permission to withdraw the appeal and liberty to file a comprehensive suit in respect of the suit property. In the memo he has given reasons as to why the appellant wants to withdraw the appeal. If the appellant wants to file comprehensive suit, he is always at liberty. This memo is placed on record. Therefore appeal is dismissed as withdrawn. Liberty is given to the appellant to file a comprehensive suit. Question of limitation et., are kept open in case suit is filed by the appellant.
Sd/- JUDGE sd