M/S Precision Industrial ... vs T B Joshi
2023 Latest Caselaw 2967 Kant

                                                  -1-
                                                              RFA No. 65/2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF JUNE, 2023

                                            PRESENT

                           THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                  AND
                    THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                           REGULAR FIRST APPEAL NO. 65 OF 2020 (MON)

                   BETWEEN :

                   1.   M/S PRECISION INDUSTRIAL COMPONENTS
                        NO.14, M.M. INDUSTRIAL ESTATE
                        YEDIYUR, BANGALORE-560 070.
Digitally signed
by ANUSHA V             REPRESENTED BY
Location: HIGH          SMT. REVATHI VENKATARAMAN
COURT OF
KARNATAKA          2.   MRS. REVATHI VENKATARAMAN
                        FATHER NAME NOT KNOWN TO PLAINTIFF
                        AGE MAJOR
                        NO.367, SARJAPUR SERVICE ROAD
                        SECOND BLOCK, OPP. KIO CL LTD
                        KORAMANGALA
                        BANGALORE-560 034.

                        AND ALSO AT
                        SMT. REVATHI VENKATARAMAN
                        PROPRIETOR OF
                        M/S PRECISION INDUSTRIAL COMPONENTS
                        UNIT 1, 14 INDUSTRIAL ESTATE
                        YEDIYUR, BANGALORE-560 070.              ...APPELLANTS

                   (BY SMT. SUNITHA H. SINGH, ADVOCATE)

                   AND :

                   SRI. T.B. JOSHI
                   SON OF SRI. T.K BALAKRISHNAN
                   AGED ABOUT 54 YEARS
                   PROPRIETOR OF
                   M/S SAMYUKTA POLYMERS
                   A PROPRIETARY CONCERN
                                       -2-
                                                          RFA No. 65/2020




HAVING ITS OFFICE AT
NO.1.1/2 1ST FLOOR
1ST CROSS, H. SIDDAIAH ROAD
WILSON GARDEN
BANGALORE-560 027.                                             ...RESPONDENT

(BY SHRI. Y. GANESH BHAT, ADVOCATE)
                                  ....
     THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE
JUDGMENT    AND    DECREE   DATED   13.09.2019  PASSED   IN
O.S.NO.488/2015 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT
FOR RECOVERY OF MONEY.

     THIS  RFA, COMING      ON   FOR   ORDERS,                      THIS   DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:


                              JUDGMENT

Smt. Sunitha H. Singh, learned Advocate for appellants

has filed a Memo of even date seeking leave to withdraw

this appeal.

2. Memo reads as follows:

MEMO The undersigned advocate for the Appellant most respectfully submits that, this Hon'ble Court may be pleased to permit the Appellant to withdraw the Appeal as the Appellant has paid substantial sum of decretal Amount to the respondent decree holder and the parties are in the process of settling the issues before the Trial Court.

The Appellant most respectfully submit that, this Hon'ble Court may be pleased to permit the Appellant to withdraw the appeal as not pressed and direct the office to refund the entire

RFA No. 65/2020

court fee to the appellant herein in the interest of justice and equity.

3. In view of the Memo, appeal is dismissed as

withdrawn.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

SPS