Sri Y S Nataraj vs Sri S Keshavamurthy
2023 Latest Caselaw 1904 Kant

                                                   -1-
                                                            RSA No. 487 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 16TH DAY OF MARCH, 2023

                                                 BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                       REGULAR SECOND APPEAL NO. 487 OF 2020 (DEC/INJ)

                      BETWEEN:

                      1.    SRI Y.S. NATARAJ
                            S/O LATE YAJMAN SRINIVASAIAH,
                            AGED ABOUT 76 YEARS,
                            R/AT NO. 516, "SAI KRUPA"
                            NO.3, TAPCMS ROAD,
                            BEHIND VANI TLAKIES
                            KANAKAPURA TOWN AND TALUK
                            RAMANAGARA DISTRICT-562 117.
                                                                 ...APPELLANT

                                  (BY SRI. VEDACHALA M.V., ADVOCATE)
                      AND:

                      1.    SRI S. KESHAVAMURTHY
                            S/O LATE SEETHAPPA,
Digitally signed by
SHARANYA T                  AGED ABOUT 58 YEARS,
Location: HIGH              R/AT NO. 66, 13TH 'A' CROSS,
COURT OF
KARNATAKA                   8TH MAIN ROAD, N.S.PALYA,
                            B.T.M. II STAGE,
                            BENGALURU - 560 076.

                      2.    THE INDIAN OIL CORPORATION LIMITED
                            REGD. OFFICE G-9, ALI YAVAR,
                            BANDRA EAST, JUNG MARG,
                            MUMBAI - 400 051.

                      3.    THE CHIEF DIVISIONAL MANAGER
                            M/S. INDIAN OIL CORPORATION LTD.,
                            MARKETING DIVISION, BENGALURU
                            HAVING ITS DIVISION OFFICE AT
                             -2-
                                       RSA No. 487 of 2020




     INDIAN OIL BHAVAN, NO.29,
     P. KALINGA RAO ROAD
     BENGALURU - 560 027.

4.   THE ICICI CREDIT CARD OPERATION
     P.B. NO.731,
     TULASI VADI POST OFFICE
     MUMBAI - 400 034.

5.   THE ICICI BANK
     HAVING ITS REGISTERED OFFICE
     AT LAND MARK RACE COURSE CIRCLE,
     VADADHARA - 390 007.

6.   SMT. R. TANUJA
     W/O K. KESHAVAMURTHY
     AGED ABOUT 50 YEARS,
     R/AT NO.66, 13TH 'A' CROSS,
     8TH MAIN ROAD, N.S. PALYA
     B.T.M. II STAGE,
     BENGALURU - 560 076.
                                          ...RESPONDENTS

     (BY SRI.SANTOSH S. NAGARALE, ADVOCATE FOR R3;
     J.S.ADVOCATES & CONSULTANT, ADVOCATE FOR R5;
              VIDE ORDER DATED 16.08.2021,
             NOTICE TO R2 IS HELD SUFFICIENT;
                      R4 IS SERVED)

      THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., 1908
AGAINST THE JUDGMENT AND DECREE DATED 22.08.2019
PASSED IN R.A.NO.5001/2018 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA
TO SIT AT KANAKAPURA DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 28.11.2017
PASSED IN O.S.NO.4/2017 (OLD O.S.NO.127/2007) ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                         RSA No. 487 of 2020




                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal on the

ground that the license in respect of petrol bunk has now

expired and hence, the appeal has become infructuous.

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

ST