IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.875 OF 2014 BETWEEN:
Mr.Venkatachalapathy, S/o Late Chikka Venkateshappa, Aged about 43 years, R/a No.386, Nagawara Village, Nagawara Post, Kasaba Hobli, Bengaluru North Taluk, Pin: 560 045.
(By Sri B. Roopesha, Advocate) AND:
M/s. Hall Mark Lifespace Pvt. Ltd.
No.601/602, Sukh Castle, Opp.HDFC Bank, Mumbai – 400 019, Represented by its Director Mr.Ronak Kotecha.
(By Sri Bharath Babu G.B., Advocate) .. APPELLANT .. RESPONDENT This Regular First Appeal is filed under Section 96 of CPC praying to set aside the judgment and decree dated 25.11.2013 passed in O.S. No.1098/2013, on the file of the XXXIX Addl. City Civil Judge, Bengaluru City, etc.
This Regular First Appeal coming on for Orders this day, the Court made the following:
ORDER Heard from both side on the memo dated 14.10.2019.
Learned counsel for the appellant submits that he would not press the memo dated 17.04.2018 which was also filed for the same purpose which is sought for in the subsequent memo dated 14.10.2019.
In view of the fact that despite pendency of the earlier memo dated 17.04.2018, one more similar memo is filed by the appellant for the same purpose of withdrawing the appeal as not pressed, I am of the view that the withdrawal of the earlier memo dated 17.04.2018 as not pressed would be only on cost.
As such, the memo dated 17.04.2018 is permitted to be withdrawn as not pressed subject to a cost of `500/- payable by the appellant to the Legal Services Committee of this Court within a week from today and filing a compliance memo along with receipt in the Registry, within ten days from today.
Perused the memo dated 14.10.2019.
In view of the memo and supporting submissions from both side, the appeal is dismissed as not pressed.
Sd/- JUDGE sac*