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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2021

PRESENT

THE HON'BLE MRS. JUSTICE S. SUJATHA

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

RFA NO.1929 OF 2016 (PAR)

BETWEEN:

MR. SARDAR PASHA

S/O SYED AZEEZ PASHA

AGED ABOUT 57 YEARS

R/AT AHUJA PALACE, NO.96

FLAT NO.204, 2^ND FLOOR

RICHMOND ROAD

BANGALORE – 560 025

... APPELLANT

(BY SRI. V.LAKSHMINARAYANA, SR. COUNSEL A/W

SRI. MALLIKARJUNA REDDY K.S., ADV.)

AND:

SRI. A. CHANDRASHEKAR

S/O LATE R. ATCHAYARAM

AGED ABOUT 48 YEARS

R/AT NO.9 (OLD NO.10), P-STREET

LANGFORD CROSS ROAD

SHANTHINAGAR

BANGALORE – 560 027

... RESPONDENT

(BY SRI. K.S.BHEEMAIAH, ADV. )

THIS RFA IS FILED UNDER SECTION 96 READ WITH

ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,

1908 AGAINST THE JUDGMENT AND DECREE DATED

30.08.2016 PASSED IN OS.NO.25278/2012 ON THE FILE OF

XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU,

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DISMISSING THE SUIT FOR PARTITION AND SEPARATE

POSSESSION.

THIS RFA COMING ON FOR ADMISSION, THIS DAY,

S.SUJATHA J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellant has filed a memo

seeking leave of the Court to withdraw the appeal with

liberty to pursue his rights in final decree proceedings

placing reliance on the following judgments:

1. R.Gurubasaviah v. Rumale Karibasappa and

others [AIR 1955 Mys 6]

2. Jadu Nath Ray v. Parameswar Mallik [1939 PC

255]

3. Sukh Dev v. Parsi Kanshi and Others [1940 PC

583]

4. Chander Bhan v. Jai Lal and Others [AIR 1964

P&H 435]

5. Phoolchand and another v. Gopal Lal [AIR 1967

SC 1470]

6. Laxmi and others v. A.Sankappa Alwa and

others [AIR 1989 Ker 289]

7. T.Ravi and another v. B.Chinna Narasimha and

Others [(2017)7 SCC 342]

8. T.Ramaswami Aiyar v. T.Subramania Aiyar and

others [AIR 1923 Madras 147]

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The memo is placed on record. Permission is

granted.

The appeal stands dismissed as withdrawn with

liberty as sought for.

Sd/-

JUDGE

Sd/-

JUDGE

hkh.