M/S Sai Diagnostics vs Kavitha R
2024 Latest Caselaw 4993 Kant

Karnataka High Court

M/S Sai Diagnostics vs Kavitha R on 19 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                         NC: 2024:KHC:6931
                                                    RFA No. 513 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                          BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 513 OF 2023 (MON)
                BETWEEN:

                M/S SAI DIAGNOSTICS
                REP BY ITS PROPRIETOR
                SRI VENUGOPAL
                NO 330, 3RD MAIN, 1 BLOCK
                R T NAGAR, OPP COFFEE DAY
                BANGALORE 560032.
                                                              ...APPELLANT
                (BY SRI. KARTHIK.N.,ADVOCATE (ABSENT))

                AND:

                    KAVITHA R
                    PROPRIETOR
                    AGED ABOUT 37 YEARS
                    SRI VIDYA CLINICAL LABORATORY
Digitally signed by NO 14, 3RD CROSS
HEMALATHA A         5TH MAIN ROAD
Location: High      VASANTHAPPA GARDEN
Court of            GANGA NAGAR,
Karnataka
                    BANGALORE 560032
                                                            ...RESPONDENT
                     THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908
                AGAINST THE JUDGMENT AND DECREE DATED 29.10.2022
                PASSED IN OS.No6336/2017 ON THE FILE OF THE XV
                ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
                DECREEING THE SUIT FOR RECOVERY OF MONEY.

                    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                COURT DELIVERED THE FOLLOWING:
                                  -2-
                                               NC: 2024:KHC:6931
                                            RFA No. 513 of 2023




                               ORDER

1. Even though the matter was called out twice

at pre-lunch and post-lunch sessions, none

appeared for the appellant.

2. As per the trial court records, the parties have

settled the dispute in the Lok Adalat before the

Executing Court in Ex.P.No.521/2023.

3. Therefore, it appears that the parties are not

interested in prosecuting the present appeal.

Hence, the appeal is dismissed for non-

prosecution.

4. All pending applications, if any, shall stand

disposed of.

Sd/-

JUDGE DM