M/S Karishma Paradise vs M/S Southern Hills
2022 Latest Caselaw 1905 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                     BEFORE

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

            RFA NO.784 OF 2017 (EJE)

BETWEEN:

M/S KARISHMA PARADISE AND
HILL COUNTRY RESORTS PVT. LTD.
NO.58/1, THURAHALLI VILLAGE
SUBRAMANYA PURA POST
UTTARAHALLI HOBLI
BENGALURU SOUTH TALUK
BENGALURU 560 061
BY ITS MANAGING DIRECTOR
SRI.T D SURESH                         ... APPELLANT

(BY SRI.N.BYREGOWDA, ADV.)

AND:

M/S SOUTHERN HILLS DEVELOPERS PVT.LTD.
(FORMERLY KNOWN AS NITESH ESTATES
PROJECTS PVT. LTD.) NO.107
ANDREWS BUIDLING
M.G.ROAD, BANGALORE - 560 001
BY ITS FINANCE CONTROLLER
                                     ... RESPONDENT
(BY SRI.VIJETHA R. NAIK, ADV. OF
    M/S. RAVI B. NAIK ASSTS., ADVS.)

    THIS RFA IS FILED UNDER ORDER 21 RULE 58(4)
READ WITH SECTION 96 OF CPC., 1908 AGAINST THE
ORDER DATED 07.03.2017 ORDER ON IA. PASSED IN
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EX.NO.283/2016 ON THE FILE OF THE XLIV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE IA. FILED UNDER ORDER 21 RULE 58
READ WITH SECTION 151 OF CPC.

     THIS RFA COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a memo

dated 07.02.2022 stating that the appeal may be

dismissed as having become infructuous.

The memo is taken on record. The appeal is

accordingly dismissed as having become infructuous.

Registry to verify and refund the court fee to the

appellant, if the appellant is so entitled.

Sd/-

JUDGE

hkh.