IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JULY 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1494 OF 2019 BETWEEN:
Sri. T.S. Prakash, S/o. late T.D. Somasundaram, Aged about 68 years, R/at No.709, III Block, Rajajinagar, Bengaluru – 560 010.
(By Smt. Shwetha Anand, Advocate) AND:
1. Sri Mukunda A., S/o. late T.S. Ananda, Aged about 42 years, 2. Smt. Vanitha A., D/o. late T.S. Ananda, Aged about 39 years, 3. Smt. Vanarajamma @ Honnamma, W/o. late T.S. Ananda, Aged about 69 years, All respondents are residing at: No.1, 1st Main Road, Attur Layout, Attur Post, …Appellant Yelahanka Hobli, Bengaluru North Taluk, Bengaluru – 560 064. …Respondents (By Sri. K. Murthy, Advocate for C/R-3) **** This Regular First Appeal is filed under Section 96 R/W Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated:20.04.2019 passed in F.D.P. No.109/2009 on the file of the XXXVIII Additional City Civil Judge, Bengaluru, directing the appellant herein to deposit the equivalent amount at the prevailing market rate of the valuation, before the Court in respect of the half portion of the house property failing which the suit premises shall be put into public auction and order dated 03.07.2019 passed on I.A.NO.V in FDP No.109/2009 on the file of the XXXVIII Adll. City Civil Judge, Bengaluru City allowing I.A.No.5 filed under Section 2 of the Partition Act, 1893 R/w Order 21 Rule 72 of Code of Civil Procedure to put the Schedule property for public auction and fixing the spot sale on 15.07.2019 and Court sale on 29.07.2019 This Regular First Appeal coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the appellant has filed a memo seeking withdrawal of this appeal as settled between the parties in FDP No.109/2009 in the Court below.
In view of the memo and the supporting submission from learned counsel for both side, the appeal stands dismissed as not pressed.
Sd/- JUDGE PN