Sri Vinayaka vs Sri Ramanath M Hegde
2023 Latest Caselaw 6305 Kant

                                                        -1-
                                                                 NC: 2023:KHC:32055
                                                              RFA No. 1740 of 2017




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 5TH DAY OF SEPTEMBER, 2023

                                                    BEFORE
                                    THE HON'BLE MR JUSTICE K.NATARAJAN
                                REGULAR FIRST APPEAL NO. 1740 OF 2017 (RES)
                          BETWEEN:

                          1.    SRI VINAYAKA
                                S/O C. MUTHAPPA REDDY
                                AGED ABOUT 33 YEARS

                          2.    SRI. PRAKASH
                                S/O C. MUTHAPPA REDDY
                                AGED ABOUT 31 YEARS

                          3.    SMT. PARAMESHWARI
                                W/O C. MUTHAPPA REDDY
                                AGED ABOUT 52 YEARS

                                ALL ARE R/AT NO.216/217,
                                COTTONPET MAIN ROAD,
Digitally signed by
                                BANGALORE - 560 053.
VEDAVATHI A K
Location: High Court of                                               ...APPELLANTS
Karnataka
                          (BY SRI. K P BHUVAN.,ADVOCATE)
                          AND:

                          1.    SRI RAMANATH M HEGDE
                                S/O MANJUNATH K HEGDE
                                AGED ABOUT 48 YEARS
                                PROPRIETOR,
                                M/S PACTEC INDIA
                                NO.14 AND 15, GOODS SHED ROAD,
                                (DR. T.C.M. ROYAN ROAD)
                                NEAR B.J.P. OFFICE,
                                BANGALORE - 560 053.
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                                       NC: 2023:KHC:32055
                                     RFA No. 1740 of 2017




2.   SMT. JAYALAKSHMI RAMANATH M HEGDE
     W/O RAMANATH M HEGDE,
     AGED ABOUT 44 YEARS
     PROPRIEOTR,
     M/S ARUNDHATHI PACKING INDUSTRY
     NO.14 AND 15, GOODS SHED ROAD,
     (DR. T.C.M. RAYON ROAD),
     NEAR B.J.P.OFFICE,
     BANGALORE - 560 053

     NOW BOTH THE RESPONDENTS
     ARE CARRYING THE BUSINESS AT:
     NO.238/1, 5TH MAIN ROAD,
     NEAR VISHAL MEGHA MART,
     CHAMARAJPET,
     BANGALORE - 560 018.
                                        ...RESPONDENTS
(BY SRI. VISHNU HEGDE FOR R1 & R2, ADVOCATE)
     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 3.07.2017 PASSED IN OS NO.3297/2014 ON
THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE, DISMISSING THE SUIT FOR DAMAGES.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:



                       JUDGMENT

The learned counsel for the appellants has filed a

memo for withdrawing the appeal as not pressed, as the

respondent has assured to settle the matter. Learned

counsel for the appellants further requested to direct the

NC: 2023:KHC:32055 RFA No. 1740 of 2017

office to return the entire court fee in favour of

'Sri.Prakash, the appellant No.2.

The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn.

Further, the office is directed to return the entire

court fee in favour of 'Sri.Prakash'/appellant No.2.

Sd/-

JUDGE

AKV