Mr D Babu vs Smt Vijayalakshmi
2023 Latest Caselaw 4610 Kant

                                          -1-
                                                    NC: 2023:KHC:24897-DB
                                                     COMAP No.134 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 18TH DAY OF JULY, 2023
                                        PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                           AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                          COMMERCIAL APPEAL NO.134 OF 2023
               BETWEEN:

               1.   MR. D. BABU
                    S/O SRI. DHARMALINGA
                    AGED 46 YEARS
Digitally           NO.1/57/2/56, 9TH MAIN
signed by           3RD STAGE, PRAKASH NAGAR
RUPA V              BENGALURU 560021.
Location:                                                     ...APPELLANT
High Court     (BY SRI. UDAY KUMAR H.B. ADV.,)
of Karnataka
               AND:

               1.   SMT. VIJAYLAKSHMI
                    W/O SRI. V. BALAKRISHNA RAO
                    AGED 53 YEARS
                    NO.118, 4TH CROSS, 1ST A MAIN
                    1ST BLOCK, 2ND NAGARBHAVI
                    BENGALURU 560072.
                                                            ...RESPONDENT
               (BY SRI. C.N. KAMATH, ADV., C/R)

                    THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER
               SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015,
               PRAYING TO CALL FOR RECORDS IN COM.O.S. NO.491/2022,
               PASSED BY THE LEARNED LXXXVI ADDITIONAL CITY CIVIL
               JUDGE AND SESSIONS JUDGE, (CCH-87) (COMMERCIAL
               COURT), BENGALURU.    SET ASIDE THE JUDGMENT AND
               DECREE DATED 09.02.2022 COM.O.S. NO.591/2022 BEFORE
               THE LXXXVI ADDITIONAL CITY CIVIL JUDGE AND SESSIONS
               JUDGE, (CCH-87) (COMMERCIAL COURT), BENGALURU
                              -2-
                                   NC: 2023:KHC:24897-DB
                                    COMAP No.134 of 2023




CONSEQUENTLY DISMISS THE SAID SUIT, IN THE INTEREST
OF JUSTICE AND EQUITY. GRANT SUCH OTHER RELIEFS AS
THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES
OF THE CASE, INCLUDING THE COST OF THE APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                        ORDER

Mr.Uday Kumar H.B, learned counsel for the

appellant seeks lave of this Court to withdraw the

appeal on the ground that the dispute between the

parties has been amicably settled. A memo filed in this

regard is taken on record.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

RV