M/S Omkar Parimala Mandir vs G M Nagaraj
2023 Latest Caselaw 1721 Kant

                                            -1-
                                                  COMAP No. 372 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 7TH DAY OF MARCH, 2023
                                       PRESENT
                         THE HON'BLE MR. JUSTICE G.NARENDAR
                                            AND
                         THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                         COMMERCIAL APPEAL NO. 372 OF 2022


               BETWEEN:

               1.    M/S OMKAR PARIMALA MANDIR
                     NO.28, OPM HOUSE, 6TH MAIN,
Digitally
                     J C INDUSTRIAL LAYOUT,
signed by
NANDINI D            KANAKAPURA MAIN ROAD,
                     BENGALURU-560062
Location:            REPRESENTED HEREIN
High Court           BY ITS PARTNER, MR ASHWIN GOPALA SUNKU.
of Karnataka
               2.    GOPAL SUNKU
                     AGED ABOUT 68 YEARS,
                     S/O LATE S GUNDAIAH SETTY,

               3.    ASHWIN GOPALA SUNKU
                     AGED ABOUT 44 YEARS,
                     S/O GOPAL SUNKU,

               4.    ARJUN SUNKU
                     AGED ABOUT 38 YEARS,
                     S/O GOPAL SUNKU,

                     APPELLANT NOS. 2 TO 4 ALL ARE
                     R/AT NO.28, OPM HOUSE,
                     6TH MAIN, J C INDUSTRIAL LAYOUT,
                     KANAKAPURA MAIN ROAD, BENGALURU-560062.
                                                         ...APPELLANTS
               (BY SRI. CHANDRASHEKARA K., ADVOCATE)
                                -2-
                                       COMAP No. 372 of 2022




AND:

G M NAGARAJ
AGED ABOUT 59 YEARS,
S/O LATE MANGARAJ,
R/AT NO.266/A-1-1,
36TH 'A' CROSS, JAYANAGAR,
7TH BLOCK, BANGALORE-560011.
                                                ...RESPONDENT
(BY SRI. HARIKRISHNA S HOLLA., ADVOCATE)


     THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015 R/W ORDER XLIII RULE 1(Q)
OF THE CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 08/08/2022 PASSED BY THE LD. LXXXV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURTS
DIVISION,   BENGALURU    (CCH-86)   ON   I.A.NO.2  IN
COM.O.S.NO.113/2022 (ANNEXURE-A) AND CONSEQUENTLY,
DISMISS I.A.NO.2 FILED BY THE RESPONDENT HEREIN IN
COM.O.S.NO.113/2022 (ANNEXURE-D) ETC.

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

                          JUDGMENT

A memo is filed by the appellants praying leave of the

Court to withdraw the appeal. The memo reads as under:-

"The Appellant above named submits that, the above Appeal and sought for set aside the order dated 08.08.2022. This Hon'ble court was pleased to be pleased to issue notice to respondent and granted stay on 20.09.2022. The Appellant submits that during the pendency of the above Appeal, the parties are settled their disputes by filing joint memo on

COMAP No. 372 of 2022

25.11.2022 before the trail Court. Hence the above Appeal is infructuous not survive for consideration, in the interest of justice and equity."

The memo is taken on record.

In view of the above, the appeal is dismissed as having

been rendered infructuous, as the matter is settled out of the

Court.

Sd/-

JUDGE

Sd/-

JUDGE

DN