T S Ramakrishnan vs T A Pai Management Institute
2022 Latest Caselaw 1364 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 31ST DAY OF JANUARY, 2022

                       BEFORE

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

                R.S.A. No.153/2018

BETWEEN:

T.S.RAMAKRISHNAN,
S/O S.SUBRAMANIAN,
AGED ABOUT 48 YEARS,
R/AT 110, SHAMBHAVI SOVERIGN,
PERAMPALLI ROAD, VIDYARATHNA ROAD,
MANIPAL-576 104.
UDUPI TALUK.                            ... APPELLANT

(BY SRI.RAGHAVENDRA RAO.K., ADVOCATE)

AND:

T.A.PAI MANAGEMENT INSTITUTE,
REP. BY ITS CHAIRMAN,
DR.RAMDAS M.PAI, MANIPAL- 576 104.
UDUPI TALUK.                         ... RESPONDENT

(BY SRI. SOMASHEKAR, ADVOCATE)


     THIS APPEAL IS FILED UNDER SECTION 100 OR C.P.C.,
AGAINST THE JUDGMENT AND DECREE DATED 07.10.2017
PASSED IN R.A. No.58/2017 ON THE FILE OF THE ADDL.
SENIOR CIVIL JUDGE, AT UDUPI DISMISSING THE APPEAL
AND CONFIRMING THE ORDER DATED 04.08.2017 PASSED
ON I.A. No.V IN O.S. No.296/2017 ON THE FILE OF THE II
ADDL. CIVIL JUDGE AND J.M.F.C., UDUPI.
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     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

1. The learned counsel for the appellant

Sri.Raghavendra Rao K., submits that in order to put an

end to the litigation, the appellant is prepared to

withdraw the appeal if the respondent agrees to pay two

months wages to the appellant.

2. Sri.Somashekar, learned counsel for the

respondent, on instructions, submits that the respondent

is willing to pay two months wages to the appellant,

however, subject to the condition that the appellant

withdraws the application filed by him under Order XLIX

Rule 2A of the Code of Civil Procedure, 1908 which has

been registered as Miscellaneous Petition No.12 of 2017

in O.S. No.296 of 2017 before the II Additional Civil

Judge, Udupi.

3. The learned counsel for the appellant submits that

the appellant undertakes to withdraw the said

miscellaneous petition so as to facilitate the ending of

this long drawn out litigation.

4. In view of the above submissions, this second

appeal is dismissed as withdrawn subject to the

following:

The respondent shall pay two months wages to the

appellant after the appellant withdraws Miscellaneous

Petition No.12 of 2017 in O.S. No.296 of 2017 which is

pending before the II Additional Civil Judge, Udupi.

Sd/-

JUDGE

RK CT:SN