M/S Recognized Unaided Pvt School ... vs M/S Registered Unaided Pvt School ...
2024 Latest Caselaw 9831 Kant

Karnataka High Court

M/S Recognized Unaided Pvt School ... vs M/S Registered Unaided Pvt School ... on 4 April, 2024

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                                                      NC: 2024:KHC:13881
                                                   MFA No. 4781 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 4TH DAY OF APRIL, 2024

                                        BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 4781 OF 2021 (CPC)
               BETWEEN:

               1.    M/S RECOGNIZED UNAIDED PVT SCHOOL
                     ASSOCIATION
                     REPTD BY ITS PRESIDENT SRI HALANUR S LAPAKSH
                     S/O LATE SIDDAMALLIAIAH
                     AGED ABOUT 56 YEARS,
                     PRESENTLY R/AT NO.1810,
                     1ST FLOOR, 23RD CROSS,
                     CORPORATION COLONY
                     GOVINDARAJNAGAR
                     BENGALURU-560079

               2.    HALANUR S LAPAKSH
                     S/O LATE SIDDAMALLIAIAH
Digitally            AGED ABOUT 56 YEARS,
signed by BS         PRESENTLY R/AT NO.1810,
RAVIKUMAR
Location:            1ST FLOOR, 23RD CROSS,
HIGH                 CORPORATION COLONY
COURT OF
KARNATAKA            GOVINDARAJNAGAR
                     BENGALURU-560079
                                                           ...APPELLANTS
               (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE)

               AND:

               1.    M/S REGISTERED UNAIDED PVT SCHOOL
                     MANAGEMENT ASSOCIATION
                     REPTD BY ITS PRESIDENT
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                                      NC: 2024:KHC:13881
                                    MFA No. 4781 of 2021




     SRI LOKESHWARAPPA S AT LOKESH TALIKATTE
     FATHERS NAME NOW KNOWN
     AGED ABOUT 48 YEARS,
     HAVING ITS OFFICE AT NO.40
     RING ROAD,
     NAGADEVANAHALLI
     JNANA BHARATHI POST
     BENGALURU-56

2.   SRI LOKESHWARAPPA S @ LOKESH TALIKATTE
     FATHER'S NAME NOT KNOWN
     AGED ABOUT 48 YEARS
     RA/T NO.245, 3RD CROSS NAGADEVANAHALLI
     JNANA BHARATHI POST
     BENGALURU-56

3.   SRI JAIRANGANATH B.S.
     FATHER'S NAME NOT KNOWN
     AGED ABOUT 48 YEARS
     ORGANISING SECRETARY
     M/S.REGISTERED UNAIDED PVT.
     SCHOOL MANAGEMENT ASSOCIATION
     R/AT MAHADEVWADA, AMDALLI
     UTTARA KANNADA - 581 324.
                                         ...RESPONDENTS
(BY SRI. SATHISH T.S., ADVOCATE FOR R1 & R2)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 12.07.2021 PASSED ON IA NO.1,
2 AND 3 IN O.S.NO.3152/2021 ON THE FILE OF THE XVIII
ADDITIONAL CITY CIVIL JUDGE, BENGALURU, (CCH NO.10),
DISMISSING IA NO.1 AND 2 FILED UNDER ORDER 39 RULES 1
AND 2 READ WITH SECTION 151 OF CPC, ALLOWING IA NO.3
FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF
CPC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                             NC: 2024:KHC:13881
                                         MFA No. 4781 of 2021




                            JUDGMENT

Learned counsel for the respondents submits that

the suit, from which the present appeal arises, was

dismissed for non-prosecution on 29.07.2023. He has

furnished the certified copy of the order dated 29.07.2023.

2. Hence, this appeal does not survive for

consideration for the present. However, counsel for the

appellant can seek restoration of this appeal after the suit

in O.S.No.3152/2021 is restored.

Sd/-

JUDGE

CM