IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

R.F.A.No.1609 OF 2014

BETWEEN:

SRI VENKATESH

S/O B.A. KRISHNAMURTHY,

AGED ABOUT 31 YEARS,

R/AT BELLATHUR VILLAGE

BODARAHALLI HOBLI

BANGALROE EAST TALUK

&.APPELLANT

(BY SRI S.G HEGDE, ADVOCATE -VC)

AND

1.

K.G.KODANDARAMA

S/O GIDDANNA REDDY

AGED ABOUT 52 YEARS

R/AT MATRUSHREENILAYA

NO.648, 21^ST CROSS

23 MAIN, HSR LAYOUT CENTRE-2

BANGALORE-560 034.

2.

B.A. KRISHNAMURTHY

S/O ABBAIAH,

AGED ABOUT 56 YEARS,

R/AT BELLIKERE VILLAGE,

ANUGONDANAHALLI HOBLI,

HOSKOTE TALUK-560067.

&RESPONDENTS

RFA.No.1609/2014

2

THIS REGULAR FIRST APPEAL IS FILED UNDER

SECTION 96 OF CPC AGAINST THE JUDGEMENT AND DECRE

DATED 4.8.2014 PASSED ON IA NO.1 IN Ex.No.123/2012 ON

THE FILE OF I ADDITIONAL SENIOR CITY CIVIL JUDGE,

BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING IA

NO.1 FILED U/ORDER 81 RULE 91 OF CPC WITH A PRAYER

NOT TO EXECUTE THE SALE DEED IN FAVOUR OF THE

DECREE HOLDER IN RESPECT OF THE PETITION SCHEDULE

PROPERTY.

THIS APPEAL COMING ON FOR ORDERS THROUGH

PHYSICAL HEARING/VIDEO CONFERENCE, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the appellant appearing through

video conference submits that in view of the fact that the

valuation of the appeal being less than Rs.10.00 lakhs, he

may be permitted to withdraw the appeal with liberty to

present the same before the appropriate Court and the

Registry has also raised a similar objection regarding

maintainability.

2.

In view of the office objection and the submission

made by learned counsel for the appellant, the appeal stands

returned to the appellant for its presentation before the

RFA.No.1609/2014

3

appropriate Court, however, within a period of three weeks

from today.

Sd/-

JUDGE

mv