Kallayya Lingayya Kadadevarmath vs Jagadish Bahettappa Wali
2024 Latest Caselaw 19452 Kant

Karnataka High Court

Kallayya Lingayya Kadadevarmath vs Jagadish Bahettappa Wali on 2 August, 2024

Author: Krishna S.Dixit

Bench: Krishna S.Dixit

                                                 -1-
                                                           NC: 2024:KHC-D:10954-DB
                                                       COMAP No. 100004 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                            DATED THIS THE 2ND DAY OF AUGUST, 2024

                                              PRESENT
                           THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
                                                AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                            COMMERCIAL APPEAL NO. 100004 OF 2023
                   BETWEEN:

                   KALLAYYA LINGAYYA KADADEVARMATH,
                   AGE 69 YEARS, OCC. CONTRACTOR,
                   R/O. 11TH CROSS, SAPTAPUR, DHARWAD-580008.
                                                                       ...APPELLANT
                   (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)

                   AND:

                   1.   JAGADISH BAHETTAPPA WALI,
                        AGE 57 YEARS, OCC. CONTRACTOR,
                        R/O. OPP. COTTON SALES SOCIETY,
                        NCM HUBLI, DIST. DHARWAD-580008.
                   2.   THE STATE OF KARNATAKA,
Digitally signed        R/BY DEPUTY COMMISSIONER, DHARWAD-580008.
by JAGADISH T
R
Location: High
                   3.   EXECUTIVE ENGINEER,
Court of                PUBLIC WORKS PORTS AND INLAND WATER
Karnataka
Dharwad Bench           TRANSPORT DEPARTMENT DHARWAD,
                        DIVISION DHARWAD-580008.
                                                                    ...RESPONDENTS
                   (BY SRI. SUNIL S. DESAI, ADV. FOR R1)
                         THIS COMAP IS FILED U/SEC.13(1) (A) OF THE COMMERCIAL
                   COURTS ACT 2015, PRAYING TO SET ASIDE THE ORDER DATED
                   29.10.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
                   JUDGE, DHARWAD IN O.S. NO. 62/2021 VIDE ANNEXURE-A AND
                   ALLOW THE I.A. NO. III UNDER ORDER VII RULE 11 READ WITH
                   SEC.8 OF ARBITRATION AND CONCILIATION ACT VIDE ANNEXURE-G.
                        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                  -2-
                                          NC: 2024:KHC-D:10954-DB
                                       COMAP No. 100004 of 2023




CORAM:      THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
             AND
             THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL


                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

Learned counsel for the appellant files a memo which

reads as under:

"The undersigned counsel for the appellant herein most humbly pray that the suit in the trial Court in OS No.62/2021 has been disposed on 13.12.2023, as such the present appeal is rendered infructuous. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to pass appropriate orders in the interest of justice and equity."

Memo is placed on record. Appeal stands disposed off as

having become infructuous.

Sd/-

(KRISHNA S.DIXIT) JUDGE

Sd/-

(VIJAYKUMAR A.PATIL) JUDGE

JTR/ct-an