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.1920/2012 (DEC-INJ) BETWEEN:
SRI. SIDDHARTHA S/O. LATE K.V. KURIAN AGED ABOUT 63 YEARS R/AT PIPAL TREE FIRE FLIES-INTER-CULTURAL CENTER, DINNE PALYA VILLAGE KAGGALIPURA POST KANAKAPURA ROAD BENGALURU-82. … APPELLANT (BY SRI. S. SUBRAMANYA, ADVOCATE FOR SRI. NANDEESH J.T., ADVOCATE FOR R2) AND:
1. G.K. VISHWAZITH S/O. G.K. KRISHNADOSS AGED ABOUT 27 YEARS R/O. No.22, 2ND FLOOR SUBRAMANYA NILAYAM 17TH CROSS, 21ST MAIN J.P. NAGAR, 5TH PHASE BENGALURU-78.
2. VENKATESH RAJU R. S/O. RAMAKRISHNA AGED ABOUT 42 YEARS R/O. OLD NO.217 NEW NO.54 RAJU’S COLONY 2ND MAIN ROAD YEMMALUR POST YEMMALUR BENGALURU-37. ... RESPONDENTS (BY SRI. P.B. AJITH, ADVOCATE FOR R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED 27.06.2012 PASSED IN O.S.NO.8826/2011 ON THE FILE OF C/C 44TH ADDITIONAL CITY CIVIL SESSIONS JUDGE, CCH-45, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
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 1 of Civil Procedure Code, 1908 for withdrawal of the appeal.
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. Accordingly, the appeal is dismissed as withdrawn.
Sd/- JUDGE PYR