Superintendent Engineer vs Smt. B.V. Nandini
2023 Latest Caselaw 5296 Kant

                                                    -1-
                                                            NC: 2023:KHC:27535
                                                              RFA No. 1303 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                   BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                              REGULAR FIRST APPEAL NO. 1303 OF 2023 (MON)
                       BETWEEN:

                       1.   SUPERINTENDENT ENGINEER
                            OPERATION AND MAINTENANCE CIRCLE,
                            (O AND M CIRCLE),
                            BESCOM LTD.,
                            OLD KOTHI THOPU ROAD,
                            TUMAKURU.
                                                                       ...APPELLANT
                       (BY SRI. VENKATESH T.S., ADVOCATE)
                       AND:

                       1.   SMT. B.V. NANDINI
                            W/O SRI YOGESH,
                            AGED ABOUT 33 YEARS,

                       2.   SRI YOGEESHA
                            S/O HANUMAIAH,
                            AGED ABOUT 39 YEARS,

Digitally signed by         BOTH ARE R/AT HEMMEDODDI VILLAGE,
VEDAVATHI A K
Location: High Court        KONDLI POST, NITTUR HOBLI,
of Karnataka
                            GUBBI TALUK,
                            TUMAKURU DISTRICT.
                                                                    ...RESPONDENTS

                             THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
                       RULE 1 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED
                       4.03.2023 PASSED IN OS O.143/2022 ON THE FILE OF ADDITIONAL
                       SENIOR CIVIL JUDGE AND CJM AT TUMAKURU PARTLY DECREED THE
                       SUIT FOR DAMAGES/ COMPENSATION IN

                            THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                       COURT DELIVERED THE FOLLOWING:
                                   -2-
                                        NC: 2023:KHC:27535
                                           RFA No. 1303 of 2023




                             JUDGMENT

Office has raised objections regarding maintainability of

this appeal before this court.

At this stage, learned counsel for the appellant files

memo for withdrawing the suit, with liberty to file the appeal

before the District Court.

The said submission is placed on record.

Hence, appeal is dismissed as withdrawn with liberty

to approach the District Court.

Office to return the concerned documents and court fee

paid, if any to the learned counsel for the appellant.

Sd/-

JUDGE

AKV