Sri Venkateshwara Trading ... vs M/S. Sri Lakshmi Srinivasa Agro ...
2022 Latest Caselaw 823 Kant

                              1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 18TH DAY OF JANUARY, 2022

                            BEFORE

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

         MISCL. FIRST APPEAL NO. 1173 OF 2013 (IPR.)
                            C/W
         MISCL. FIRST APPEAL NO. 1441 OF 2013 (IPR.)

     MFA NO. 1173 OF 2013

     BETWEEN:

1.   M/S RAVI ENTERPRISES
     NO. 491, ANEKONDA
     INSIDE K M C RICE MILL
     DAVANAGERE-577001
     REPRESENTED BY ITS
     PROPRIETOR MR ULUVAYYA

2.   SRI CHANNABASAVESHWARA ENTERPRISES
     MERCHANTS & COMMISSION AGENTS
     NO. 3694/A, M.C.C. "A" BLOCK
     DAVANAGERE-577004
     REPRESENTED BY ITS PROPRIETOR
     MR. S.G.ULUVAYYA

3.   SSI DRIERS
     SRI SRINIVASA INDUSTRIES
     NO.587, ANEKONDA
     BASAPURA ROAD, DAVANAGERE
     REPRESENTED BY ITS PROPRIETOR
     MR. SATISH

                                        ...APPELLANTS
     (BY SRI. B M HALASWAMY, ADVOCATE) (VC)
                              2


     AND:

1.   M/S SRI LAKSHMI SRINIVASA AGRO
     FOODS
     A PARTNERSHIP FIRM, REGISTERED
     UNDER
     THE INDIAN PARTNERSHIP ACT, 1932
     HAVING ITS REGISTERED OFFICE
     S.NO.31/1
     43/3, NH-4, TUMKUR ROAD
     VISHWESHWARAPURA VILLAGE
     NELAMANGALA TALUK
     BANGALORE RURAL DISTRICT-562 123
     REPRESENTED BY ITS PARTNER
     SRI M K SHIVAKUMAR S/O
     AGED ABOUT 38 YEARS
     RESIDING AT BANGALORE


                                        ...RESPONDENT

     (BY SRI. B MALLIKA FOR C/R.,ADVOCATE) (VC)


          MFA FILED U/O 43, RULE 1(r) OF CPC, AGAINST
     THE ORDER DATED 14.12.2012 PASSED ON IA NO.1 IN
     OS.NO.3/2012 ON THE FILE OF I ADDITIONAL
     DISTRICT & SESSIONS JUDGE, BANGALORE RURAL
     DISTRICT, BANGALROE, ALLOWING IA NO.1 FILED U/O
     39, RULES 1 & 2, R/W SEC 151 OF CPC.



     MFA.NO.1441/2013

     BETWEEN:

1.   SRI VENKATESHWARA TRADING COMPANY
     NO.393, SHAMANUR
     DAVANAGERE
                              3


     REPRESENTED BY ITS PROPRIETOR
     PALAKSHAPPA

                                           ...APPELLANT
     (BY SRI. B M HALASWAMY, ADVOCATE &
         SRI.RAVICHANDRA, ADVOCATE) (VC)


     AND:

1.   M/S SRI LAKSHMI SRINIVASA AGRO FOODS
     A PARTNERSHIP FIRM,
     REGISTERED UNDER
     THE INDIAN PARTNERSHIP ACT, 1932
     HAVING ITS REGISTERED OFFICE
     S.NO.31/1
     43/3, NH-4, TUMKUR ROAD
     VISHWESHWARAPURA VILLAGE
     NELAMANGALA TALUK
     BANGALORE RURAL DISTRICT-562 123
     REPRESENTED BY ITS PARTNER
     SRI M K SHIVAKUMAR S/O
     AGED ABOUT 38 YEARS
     RESIDING AT BANGALORE
                                       ...RESPONDENT

     (BY SRI. B MALLIKA FOR C/R., ADVOCATE) (VC)

          MFA FILED U/S 43 RULE 1(r) OF CPC, AGAINST
     THE ORDER DATED 14.12.2012 PASSED ON IA NO.1 IN
     OS.NO.4/2012 ON THE FILE OF I ADDITIONAL
     DISTRICT & SESSIONS JUDGE, BANGALORE RURAL
     DISTRICT, BANGALROE, ALLOWING IA NO.1 FILED U/O
     39, RULES 1 & 2, R/W SEC 151 OF CPC.


         THESE MFAs COMING ON FOR HEARING,
     THROUGH VIDEO CONFERENCING THIS DAY, THE
     COURT DELIVERED THE FOLLOWING:
                            4




                    JUDGMENT

The appellants, by way of email, have filed a

memo dated 18.01.2022 stating that the appeals have

become infructuous.

2. Memo is placed on record.

Accordingly, the appeals are dismissed as having

become infructuous.

Sd/-

JUDGE

Bss.