The Commanding Officer vs K Yogindharaj @ Yogendar Raj
2024 Latest Caselaw 3397 Kant

Karnataka High Court

The Commanding Officer vs K Yogindharaj @ Yogendar Raj on 5 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                          NC: 2024:KHC:4789
                                                       MFA No. 8074 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                           BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                   MISCELLANEOUS FIRST APPEAL NO. 8074 OF 2022 (CPC)
                   BETWEEN:

                   1.    THE COMMANDING OFFICER
                         (INDIAN ARMY) ASC CENTRE,
                         VIVEKNAGAR POST, VANNERPET,
                         BENGALURU-560 047
                         (CAUST LIST MENTIONED IN THE SUIT)
                         ACTUALLY IT SHOULD BE COMMANDANT ASC
                         CENTRE SOUTH.
                                                                 ...APPELLANT
                                 (BY SRI B. PRAMOD, ADVOCATE)
                   AND:

                   1.    K. YOGINDHARAJ @ YOGENDAR RAJ
                         S/O. LATE KRISHNASWAMY NAIDU
                         AGED ABOUT 72 YEARS,
                         R/AT OLD NO.96, NEW NO.2,
                         KASHI VISHWANATH TEMPLE STRET,
Digitally signed         VANNARPET CIVIL STATION
by SHARANYA T            BENGALURU-560 047.
Location: HIGH                                                  ...RESPONDENT
COURT OF
KARNATAKA
                                 (BY SRI NATARAJ G., ADVOCATE)

                        THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 151
                   OF CPC, AGAINST THE ORDER DATED 08.06.2022 PASSED ON
                   I.A.NO.2 IN OS.NO.5950/2021 ON THE FILE OF THE XVII
                   ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
                   CCH-16, ALLOWING THE I.A.NO.2    FILED UNDER ORDER 39
                   RULE 1 AND 2 R/W SECTION 151 OF CPC.

                       THIS APPEAL, COMING ON FOR ORDER THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                             -2-
                                          NC: 2024:KHC:4789
                                      MFA No. 8074 of 2022




                        JUDGMENT

Learned counsel for the appellant files a memo

stating that he does not intend to press the appeal.

2. The said memo is taken on record.

Accordingly, the appeal is dismissed as not pressed.

Sd/-

JUDGE

SS