M/S Sagar Constructions vs Sri.C.Jayaramaiah
2023 Latest Caselaw 3860 Kant

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                                                        NC: 2023:KHC:22542
                                                           RFA No. 1329 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 30TH DAY OF JUNE, 2023

                                               BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                          REGULAR FIRST APPEAL NO.1329 OF 2017 (INJ)
                   BETWEEN:
                   1.    M/s.Sagar Constructions
                         A partnership firm having
                         its Office at No.7
                         Kandapa Mudaliar Street
                         Triplicane,
                         Chennai-600 005
                         Rep. by its Managing Partner
                         Smt.K.Sreevidya,
                         Hindu,
                         Aged about 44 years
                         W/o.Mr.P.Krishnan
                         R/at No.45,
                         Ventakachala Shetty Street,
                         Triplicane,
                         Chennai-600 005.


Digitally signed
                   2.    Sri P.Krishnan
by
BHARATHIDEVI
                         Hindu,
K KORLAHALLI             Aged about 50 years,
Location: High
Court of                 S/o.R.Padmanabhan,
Karnataka
                         R/at No.7
                         Kandappa Mudaliar Street,
                         Triplicane,
                         Chennai-600 005.
                         One of the partners of
                         M/s.Sagar Constructions.
                                                                    ...Appellants
                   (By Sri. S.Vasanth Madhav, Advocate )
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                                      NC: 2023:KHC:22542
                                          RFA No. 1329 of 2017




AND:
    Sri.C.Jayaramaiah
    S/o.Mr.Channarayappa
    Aged About 79 Years
    No.27, I Main
    3rd Cross, RMV 2nd Stage
    Bengaluru-560 034.
                                                    ...Respondent
(By Sri Yeshu Mishra, Advocate)

       This Regular First Appeal is filed under Section 96 of the
Civil Procedure Code, praying to call for the records and to set
aside the judgment and decree in O.S.No.27117/2007, dated
1.7.2017,     passed by the learned XIII Addl.City Civil and
Sessions Judge, Bengaluru (Mayo Hall Unit-CCH 20)
(Annexures-A and B respectively) and dismiss the suit filed by
the respondent/plaintiff in O.S.No.27117/2007 and pass such
other orders as this Hon'ble Court deems fit in the facts and
circumstances of the case, including costs, in the interest of
justice.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
                             ORDER

Learned counsels from both side present physically in the

Court.

2. Learned counsel for the appellants has filed a memo

dated 12.12.2022, stating that since the parties have settled

the matter out of Court, the appeal be dismissed.

3. In view of the memo and supporting submission, the

Appeal stands dismissed as not pressed.

NC: 2023:KHC:22542 RFA No. 1329 of 2017

In view of the same, the pending IAs. does not survive

for consideration.

Sd/-

JUDGE

bk