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RFA No. 1886 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

REGULAR FIRST APPEAL NO.1886 OF 2021 (PAR)

BETWEEN:

SRI GANESH KUMAR V

S/O SRI C VARADARAJ

AGED ABOUT 31 YEARS

RESIDING AT NO.E-492

4^TH CROSS, SHAMBAVINAGAR

LAGGERE

BENGALURU – 560 058

…APPELLANT

(BY SRI. A.RAJESH, ADVOCATE AND

SRI. C SHANKAR REDDY, ADVOCATE)

AND:

1.

SRI C VARADARAJ

S/O SRI G CHINNASWAMY

AGED ABOUT 62 YEARS

RESIDING AT NO.E-492

4^TH CROSS, SHAMBAVINAGAR

LAGGERE

BENGALURU – 560 058

2.

SMT KOKILA

D/O C VARADARAJ

W/O SRI L SRINIVAS

AGED ABOUT 34 YEARS

RESIDING AT NO.10-20

CHURCH BAZAR, THORUR P O,

WARRANGAL DISTRICT

ANDHARA PRADESH – 506 163

Digitally

signed by C

MALATHI

Location:

High Court

of Karnataka

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RFA No. 1886 of 2021

3.

SMT VANITHA

D/O SRI V C VARADARAJ

W/O SRI VETRIVEL

AGED ABOUT 33 YEARS

R/AT NO.12, VOC NAGAR

3^RD STREET EXTENSION

KATHAIPAR ROAD

THIRUVERUMBUR

TIRUCHI - 13

TAMIL NADU

4.

SMT KOMATHI @ KANMANI

W/O SRI C SUBRAMANI

AGED ABOUT 44 YEARS

5.

MASTER S KIRAN KUAMR

S/O SRI C SUBRAMANI

AGED ABOUT 17 YEARS

6.

MASTER S KISHORE KUMAR

S/O SRI C SUBRAMANI

AGED ABOUT 23 YEARS

RESPONDENT NO.5 IS A MINOR AND

HENCE HE IS REPRESENTED BY HIS

MOTHER SMT KOMATHI @ KANMANI

THE 4^TH RESPONDENT

RESPONDENTS 4 TO 6 ARE

R/AT NO 57, 5^TH CROSS

PIPELINE ROAD

J C NAGAR, MAHALAKSHMIPURAM

BENGALURU – 560 086

7.

SMT R SHIVAGAMI

W/O SRI LATE RANGASWAMY

AGED ABOUT 71 YEARS

R/AT 7^TH MAIN, 5^TH CROSS

NEAR KRISHNA TILES FACTORY

MUNIYAPPA LAYOUT

GARVEBHAVIPALYA

BENGALURU – 560 068

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RFA No. 1886 of 2021

8.

SMT SAROJAMMA

W/O SRI NAGARAJ

AGED ABOUT 67 YEARS

R/AT C/O A T MANI

BEHIND BANDE MARIYAMMA

TEMPLE, VASANTHAPURA

SUBRAMANYAPURAM POST

BENGALURU – 560 061

9.

SMT SHARADA

W/O SRI T R JAGANNATH

AGED ABOUT 64 YEARS

RESIDING AT 6^TH CROSS

PIPELINE ROAD, J C NAGAR

MAHALAKSHMIPURAM POST

BENGALURU – 560 086

10. SRI BHASKAR

S/O SRI VENKATESH

AGED ABOUT 56 YEARS

RESIDING AT PORTION OF

NO.57, 5^TH CROSS, PIPELINE ROAD

J C NAGAR

MAHALAKSHMIPURAM POST

BENGALURU – 560 086

11. KRISHNA

S/O NOT KNOWN TO

THE PLIANTIFF

MAJOR IN AGE

RESIDING AT PORTION OF

NO.57, 5^TH CROSS, PIPELINE ROAD

J C NAGAR

MAHALAKSHMIPURAM POST

BENGALURU – 560 086

…RESPONDENTS

(BY SRI. GOVINDE GOWDA K T, ADVOCATE FOR C/R4)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41

RULE 1 OF CPC AGAINST THE ORDER DATED 19.03.2021

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RFA No. 1886 of 2021

PASSED ON IA No.20 IN OS No.5458/2009 ON THE FILE OF

THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,

BENGALURU, ALLOWING THE IA No.20 FILED UNDER ORDER

VII RULE 11(d) OF CPC FOR REJECTION OF PLAINT.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel appearing for the appellant has filed

a memo dated 20.04.2022 seeking leave of this Court to

withdraw this appeal.

Memo is taken on record.

Accordingly, the above appeal is dismissed as

withdrawn.

Sd/-

JUDGE

HA

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