✦ Karnataka High Court

SRI.B.VISHWANATH v. DR.P.PADMANABHAN

Case at a glance

Provisions considered

Key paragraphs

  • Para 44. The costs already ordered are waived in view of withdrawal of the appeal. Pending Interlocutory Application[s], if any, shall stand disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 4 Sl No.: 9

Judgment

THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2110 OF 2022 (MON) BETWEEN: SRI.B.VISHWANATH AGED ABOUT 37 YEARS, S/O P BASAVARAJU, R/O GOWRISHANKARNAGAR, OOTY ROAD (NEELAGIRI ROAD) MYSURU DISTRICT-570 025 (BY SRI. GOPALAKRISHNAMURTHY C, ADVOCATE) …APPELLANT Location: HIGH COURT OF KARNATAKA AND:

#1. DR.P.PADMANABHAN S/O P RAMALINGAIAH, AGED ABOUT 78 YEARS, R/AT NO.826, 4TH WEST CROSS, ASHOKA ROAD, MYSURU DISTRICT-570 001

#2. SMT NAGARATHNA AGED ABOUT 67 YEARS, W/O P BASAVARAJU, R/AT 881, SARATHYNAGAR, 1ST BLOCK, J.P NAGAR, 8TH PHASE, BENGALURU DISTRICT-560 108 - 2 - NC: 2025:KHC:37072-DB RFA No. 2110 of 2022 HC-KAR

#3. SMT. P.B PUNYASHREE AGED ABOUT 42 YEARS, D/O P. BASAVARAJU, R/O GOWRISHANKARNAGAR, OOTY ROAD (NEELAGIRI ROAD) MYSURU DISTRICT-570 025

#4. SMT. CHAITRA AGED ABOUT 40 YEARS, D/O P BASAVARAJU, R/O GOWRISHANKARNAGAR, OOTY ROAD (NEELAGIRI ROAD) MYSURU DISTRICT-570 025 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.07.2022 PASSED IN OS No.541/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Learned counsel for the appellant submits that the appeal may be dismissed as withdrawn.

#2. A memo to that effect is placed on record. - 3 - NC: 2025:KHC:37072-DB RFA No. 2110 of 2022 HC-KAR

#3. The appeal accordingly dismissed as withdrawn.

#4. The costs already ordered are waived in view of withdrawal of the appeal. Pending Interlocutory Application[s], if any, shall stand disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 4 Sl No.: 9

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