M/S Attica Gold Pvt Ltd vs Dr B Sadashiva Baliga
2023 Latest Caselaw 4789 Kant

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                                                NC: 2023:KHC:25558-DB
                                                   COMAP No. 389 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 24TH DAY OF JULY, 2023

                                       PRESENT
                        THE HON'BLE MR JUSTICE G.NARENDAR
                                         AND
                       THE HON'BLE MR JUSTICE C.M. POONACHA
                         COMMERCIAL APPEAL NO.389 OF 2022
             BETWEEN:
             M/S. ATTICA GOLD PVT LTD.,
             REPRESENTED BY LEELAVATHI K,
             EXECUTIVE DIRECTOR OF ATTICA GOLD PVT LTD.,
             AGED ABOUT 46 YEARS,
             OFFICE AT 11/4, GROUND FLOOR, SUVARNABHAVAN,
             QUEENS ROAD, BANGALORE - 560 052.
                                                        ...APPELLANT
             (BY SRI. MOHAMMED TAHIR, ADVOCATE)

             AND:
             1. DR. B. SADASHIVA BALIGA,
                S/O LATE B. GOPALA KRISHNA BALIGA,
                AGED ABOUT 66 YEARS,
                R/AT NO. 488, 2ND MAIN, 8TH CROSS,
                BTM (MICO) LAYOUT, BANGALORE - 560 076.

Digitally    2.   DR. B. GEETHA BALIGA,
signed by
BHARATHI S        W/O. DR. B. SADASHIVA BALIGA,
Location:         AGED ABOUT 58 YEARS,
HIGH COURT
OF
KARNATAKA
                  REST - DO -
                                                      ...RESPONDENTS
             (BY SRI. P. B. AJITH, ADVOCATE AND
                 SRI. THONTADHARYA R. K, ADVOCATE)

                  THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A)
             OF THE COMMERCIAL COURT ACT 2015, PRAYING TO APPRECIATE
             THE APPEAL AND SET ASIDE THE JUDGMENT AND ORDER PASSED
             BY THE HON'BLE LXXXIV ADDL. CITY CIVIL AND SESSION JUDGE
             (COMMERCIAL COURT) AT BENGALURU, VIDE DATED 01/08/2022 IN
             COM.O.S.NO.896/2021 FILED BY THE RESPONDENTS FOR EJECTION
             AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND GOOD
             CONSCIENCE.
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                                       NC: 2023:KHC:25558-DB
                                          COMAP No. 389 of 2022




     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:
                           JUDGMENT

Heard learned counsel for the appellant.

2. The appellant's counsel submits that the matter arises

out of a lease agreement and pursuant to the impugned

judgment and decree and after filing of the appeal, the

appellant has handed over possession of the suit schedule

property and the respondents have also mutually agreed upon

and settled all the dues by way of lease amount.

3. Learned counsel for the respondents would affirm the

same.

4. In that view of the matter, the appeal is dismissed as

not pressed.

5. As the appeal itself has been dismissed, I.A.1/2022

filed for stay does not survive for consideration and is

accordingly disposed of.

6. The appellant has filed a memo of even date praying

for order refund of court fee.

Memo is placed on record.

NC: 2023:KHC:25558-DB COMAP No. 389 of 2022

As prayed, the appellant would be entitled for refund of

permissible court fee. Office to calculate and refund the same.

Sd/-

JUDGE

Sd/-

JUDGE

rs

CT: BHK