Karnataka High Court
Smt. Gowramma vs Dr. Syed Mohammed Anees on 6 December, 2019
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF DECEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR
M.F.A. NO.2088 OF 2015 (CPC)
BETWEEN:
1. Smt. Gowramma,
W/o Late Muniyappa,
Aged about 52 years,
Pattandur Agrahara,
Near ITPL, Whitefield Post,
Bengaluru-560 066.
2. Sri. Ramaiah,
S/o Late Byrappa,
Aged about 69 years,
Residing at Honnagatta,
Kodigehalli Post,
Doddaballapura Taluk,
Bengaluru Rural District-561 203.
3. Smt. Bylachamma,
S/o Late Koomaiah,
Aged about 78 years,
Residing at Dasarahalli,
K.R.Puram Hobli,
Bengaluru-560 024.
4. Sri. R. Ramalingam,
S/o Late Vadivelu,
Aged about 67 years,
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5. Smt. R. Shantha,
W/o R. Ramalingam,
Aged about 57 years,
6. Sri. R. Bhaskar,
S/o R. Ramalingam,
Aged about 40 years,
7. Smt. Saraswathi,
D/o R. Ramalingam,
Aged about 32 years,
8. Sri. V.R. Thyagaraju,
S/o. R. Ramalingam,
Aged about 37 years,
9. Smt. Latha T.G,
W/o V.R. Thyagaraju,
Aged about 32 years,
Appellants 4 to 9 are
Residing at No.12/91-2,
New Kalappa Block,
1st Main Road,
Ramachandrapuram,
Bengaluru-560 021.
10. Sri. Chandru. G,
S/o Govindaraju,
Aged about 35 years,
Residing at No.5,
5th Main Road,
Hanumanthapura,
Bengaluru-560 021.
...Appellants
(By Ms. Akshita Jain, Advocate for
Sri. H. Pavana Chandra Shetty for A1, A2,
A4-A10, Advocate)
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AND:
1. Dr. Syed Mohammed Anees,
S/o Syed Abubaker
Aged about 44 years,
Represented by his power of
Attorney holder Sri. Syed Abubaker,
Aged about 74 years,
S/o Late Syed Meera Saheb,
R/o No.155, 20th Main Road,
II Phase, J.P.Nagar,
Bengaluru-560 008.
2. M/s. Premium Constructions
Pvt. Ltd., Having its office
At No.4, Royal Park,
34, Park Road, Tuskar Town,
Shivajinagar,
Bengaluru-560 051,
Represented by its Director,
Mr. Brij Mohan Arora,
S/o Rattan Chand Arora,
Aged about 65 years.
3. Sri. K.N. Rao,
S/o Late K.V. Rao,
Aged about 71 years,
Director,
M/s Premium Constructions Pvt,
At No.4, Royal Park,
34, Park Road, Tuskar Town,
Shivajinagar,
Bengaluru-560 051.
4. M/s. Maxworth Reality
India Ltd.,
No.12/2, KMP House,
Yamuna Bai Road,
-4-
Madhavanagara,
Bengaluru-560 001,
Represented by its
Managing Director.
5. The Commissioner,
Bruhat Bengaluru Mahanagara Palike,
N.R. Square,
Bengaluru-560 001.
6. The Additional Commissioner,
Bruhat Bengaluru Mahanagara Palike,
Byatarayanapura Ward,
Yelahanka Circle,
Bengaluru-560 092.
7. The Joint Commissioner,
Bruhat Bengaluru Mahanagara Palike,
Byatarayanapura Ward,
Yelahanka Circle,
Bengaluru-560 092.
8. The Assistant Revenue Officer,
Bruhat Bengaluru Mahanagara Palike,
Byatarayanapura Ward,
Yelahanka Circle,
Bengaluru-560 092.
...Respondents
(By Smt. K.M. Vamshi, Advocate for
Sri. K. Suman for C/R1 to R3).
***
This Miscellaneous first appeal is filed under Order
43 Rule 1 (r) of Code of Civil Procedure, 1908, against
the order dated 19.02.2015 passed on IA.No.3 in
O.S.No.8316/2014 on the file of the 40th Additional City
Civil and Sessions Judge, Bengaluru, partly allowing
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IA.No.3 filed under Order 39, Rules 1 and 2, read with
Section 151 of CPC.
This appeal coming on for Admission this day, the
court, delivered the following:
JUDGMENT
Learned counsel for the appellants present and counsel for the respondent No.1 submits that he has already given NOC to respondent No.1.
2. Learned counsel for the appellants files a memo dated 06.12.2019 seeking leave of this Court to withdraw the above appeal.
3. Placing the memo on record, the appellant is permitted to withdraw the appeal.
Accordingly, appeal is dismissed as withdrawn.
Sd/-
JUDGE ag