Karnataka High Court
Baldwin Girls High School vs M/S Prime Books on 18 November, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 5861 OF 2017 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5859 OF 2017 (CPC)
MISCELLANEOUS FIRST APPEAL NO. 5863 OF 2017 (CPC)
IN MFA No. 5861/2017
BETWEEN:
1. BALDWIN CO-EDUCATION EXTN.HIGH SCHOOL
REPRESENTED BY VICE CHAIRMAN
MR. DAVID NATHANIEL
2ND CROSS, 10TH MAIN,
5TH STAGE, BEML LAYOUT,
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
2. THE PRINCIPAL
MR VIJAYAKUMAR KOUJALGI
Digitally signed
by RAMYA D BALDWIN CO-EDUCATION EXTN HIGH SCHOOL
Location: HIGH 2ND CROSS, 10TH MAIN,
COURT OF 5TH STAGE, BEML LAYOUT,
KARNATAKA
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
3. THE VICE CHAIRMAN
BALDWIN CO-EDUCATION EXTN. HIGH SCHOOL
2ND CROSS, 10TH MAIN,
5TH STAGE, BEML LAYOUT,
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
4. THE CHAIRMAN
MR BISHOP NL KARKARE
BALDWIN CO-EDUCATION EXTN HIGH SCHOOL
2ND CROSS, 10TH MAIN,
5TH STAGE, BEML LAYOUT,
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
5. THE MANAGER/ CORRESPONDENT
BALDWIN CO-EDUCATION EXTN HIGH SCHOOL
2ND CROSS, 10TH MAIN,
5TH STAGE, BEML LAYOUT,
RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
...APPELLANTS
(BY SRI. PRAMOD NAIR, ADVOCATE)
AND:
M/S. PRIME BOOKS
SITUATED AT NO.16 AND 17 'C' CROSS
43RD MAIN, IDEAL HOMES TOWNSHIP
2ND STAGE, RAJARAJESHWARI NAGAR
BENGALURU - 560 098.
ALSO AT #263, 3RD FLOOR,
BEML LAYOUT, 3RD STAGE,
RAJARAJESHWARI NAGAR
BENGLAURU -560 098, REPRESENTED BY
MR. SHARWANKUMAR KHUSHDIL.
...RESPONDENT
(BY SRI. CHINAPPA P, ADVOCATE)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 25.04.2017 PASSED ON I.A.NO.I, II, V & VI
IN O.S.NO.965/2017 ON THE FILE OF THE XII ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH-27),
ALLOWING I.A.NO.I & II FILED U/O 39 RULES 1 & 2 R/W
SEC.151 OF CPC AND DISMISSING I.A.NO.V & VI FILED U/O 39
RULE 4 OF CPC.
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
IN MFA NO. 5859/2017
BETWEEN:
1. BALDWIN BOYS HIGH SCHOOL,
REPRESENTED BY VICE CHAIRMAN,
MR. DAVID NATHANIEL
#14, HOSUR ROAD, RICHMOND ROAD
BENGALURU - 560 025.
2. THE PRINCIPAL
MR. DINKAR WILSON
BALDWIN BOYS HIGH SCHOOL
NO.90, RICHMOND ROAD
BENGALURU - 560 025.
3. THE VICE CHAIRMAN
MR. DAVID NATHANIEL
BALDWIN BOYS HIGH SCHOOL
#14, HOSUR ROAD, RICHMOND ROAD
BENGALURU - 560 025.
4. THE CHAIRMAN
MR. BISHIP NL KARKARE
BALDWIN BOYS HIGH SCHOOL
#14 HOSUR ROAD, RICHMOND ROAD
BENGALURU - 560 025.
5. THE MANAGER/CORRESPONDENT
BALDWIN BOYS HIGH SCHOOL
#14 HOSUR ROAD, RICHMOND ROAD
BENGALURU - 560 025.
...APPELLANTS
(BY SRI. PRAMOD NAIR, ADVOCATE)
AND:
M/S. PRIME BOOKS
SITUATED AT NO.16 AND 17 C CROSS
43RD MAIN, IDEAL HOMES TOWNSHIP
2ND STAGE, RAJARAJESHWARI NAGAR
BENGALURU - 560 098
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
ALSO AT #263, 3RD FLOOR, BEML LAYOUT
3RD STAGE, RAJARAJESHWARI NAGAR
BENGLAURU - 560 098
REPRESENTED BY
MR. SHARWANKUMAR KHUSHDIL.
...RESPONDENT
(BY SRI. P. CHINNAPPA, ADVOCATE)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 25.04.2017 PASSED ON IA
NO. 1, 2, 5 & 6 IN O.S.NO.966/2017 ON THE FILE OF THE
XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, (CCH
NO.27), BENGALURU, ALLOWING IA NO.1&2 FILED U/O.39
RULES 1&2 R/W SEC.151 OF CPC, DISMISSING IA NO.5 &
6 FILED U/O.39 RULE 4 OF CPC.
IN MFA NO. 5863/2017
BETWEEN:
1. BALDWIN GIRLS HIGH SCHOOL
REPRESENTED BY VICE CHAIRMAN
MR. DAVID NATHANIEL
NO.90, RICHMOND ROAD,
BENGALURU - 560 025.
2. THE PRINCIPAL
MRS. INDIRA WILLIAMS,
BALDWIN GIRLS HIGH SHCOOL,
NO.90, RICHMOND ROAD,
BENGALURU - 560 025.
3. THE VICE CHAIRMAN
MR. DAVID NATHANIEL
BALDWIN GIRLS HIGH SHCOOL,
NO.90, RICHMOND ROAD,
BENGALURU - 560 025.
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
4. THE CHAIRMAN
MR. BISHOP NL KARKARE
BALDWIN GIRLS HIGH SHCOOL,
NO.90, RICHMOND ROAD,
BENGALURU - 560 025.
5. THE MANAGER/CORRESPONDENT
BALDWIN GIRLS HIGH SHCOOL,
NO.90, RICHMOND ROAD,
BENGALURU - 560 025.
...APPELLANTS
(BY SRI. PRAMOD NAIR, ADVOCATE)
AND:
M/S. PRIME BOOKS
SITUATED AT NO.16 AND 17 C CROSS
43RD MAIN, IDEAL HOMES TOWNSHIP
2ND STAGE, RAJARAJESHWARI NAGAR
BENGALURU - 560 098
ALSO AT #263, 3RD FLOOR, BEML LAYOUT
3RD STAGE, RAJARAJESHWARI NAGAR
BENGLAURU - 560 098
REPRESENTED BY
MR. SHARWANKUMAR KHUSHDIL.
...RESPONDENT
(BY SRI. P. CHINNAPPA, ADVOCATE)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 25.04.2017 PASSED ON
I.A.NO.I, II, V & VI IN O.S.NO.970/2017 ON THE FILE OF
THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BENGALURU, (CCH-27), ALLOWING I.A.NO.I & II FILED
U/O 39 RULES 1 & 2 R/W SEC.151 OF CPC AND
DISMISSING I.A.NO.V & VI FILED U/O 39 RULE 4 OF CPC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:47866
MFA No. 5861 of 2017
C/W MFA No. 5859 of 2017
MFA No. 5863 of 2017
HC-KAR
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Learned counsel for the appellants has filed a memo along with copy of the order-sheet in Com.O.S.No.272/ 2025 and copy of the compromise petition. The same are placed on record.
2. Learned counsel for the appellants has filed a memo for withdrawal of the appeals with liberty to initiate appropriate proceedings in the future if the situation necessitates it.
3. Learned counsel for the respondent submitted that liberty shall not be given and withdrawal of the appeals is unconditional.
4. Learned counsel for the appellants submitted that the appeals may be disposed of as withdrawal without giving any liberty. The submission made in this regard by the counsel for the appellants is placed on record and -7- NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 HC-KAR permitted the counsel for the appellants to strike off the sentence seeking liberty to file appropriate proceedings.
5. Therefore, the appeals are dismissed as withdrawn without giving any liberty.
SD/-
(HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 8