IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1340 OF 2014 BETWEEN:
Sri. S.V.Ravindra S/o. Late V.Venkataramana, Aged about 46 years, (Actual age is 59 years) R/at Sarige Beedhi, Sarjapura Hobli, Anekal Taluk-562 106 Bangalore District.
(By Sri. K.K.Vasanth, Advocate) AND:
Sri. Kamal Chand Surana, Aged about 45 years, S/o Rattanlal Surana, R/at No.766, 4th Block, Koramangala, Bangalore-560 034.
(Respondent is served) …Appellant …Respondent **** This Regular First Appeal is filed under Section 96 read with Order XLI, Rule-1 of Code of Civil Procedure, 1908, against the judgment and decree dated:29.10.2013 passed in O.S.No.7887/2008 on the file of the XXIV Additional City Civil and Sessions Judge, Bangalore City (CCH-6), dismissing the suit for permanent injunction.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for the appellant is present and makes his submission supporting the memo dated 02-07-2019 filed by him seeking dismissal of the appeal as not pressed.
2. Learned counsel for the appellant submits that by allowing I.A.No.1/2019 filed by him under Order XIII Rule 9 of Civil Procedure Code, 1908, Exhibits P-1 to P-15 produced and marked by him in O.S.No.7887/2008, be returned to him, by receiving the certified copy of the same.
3. In view of the appellant not pressing the appeal stating that the matter has been amicably settled between the parties and filed a memo to that effect, since the appeal cannot be proceeded further and stands disposed of, there is no hindrance for returning the documents at Exs.P1 to P-15, provided all those documents were produced by the appellant as plaintiff in the Court below, after retaining the certified copy of the same for the purpose of records of this Court.
4. Accordingly, I.A.No.1/2019 is allowed.
5. Registry is permitted to return the documents to the plaintiff/applicant provided it was him who had filed those documents in the Court below, however, after retaining the certified copy of the same in the records.
6. In view of the memo and the supporting submission, the appeal is dismissed as not pressed.
Sd/- JUDGE BMV*