Col Hbs Phokela (Retd) vs Mrs Uma Malpani W/O Late Suresh Malpani
2024 Latest Caselaw 6378 Kant

Karnataka High Court

Col Hbs Phokela (Retd) vs Mrs Uma Malpani W/O Late Suresh Malpani on 4 March, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                 -1-
                                                             NC: 2024:KHC:9136
                                                          RFA No. 2028 of 2010




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF MARCH, 2024

                                               BEFORE

                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                         REGULAR FIRST APPEAL NO. 2028 OF 2010 (RES)

                      BETWEEN:

                      M/S.SPARKLEIZED,
                      NO.18/3, ALI ASKER ROAD,
                      BANGALORE,
                      REPRESENTED BY ITS PARTNER,
                      MRS.SHALIKA,
                      REP. BY HER GPA,
                      COL. HBS PHOKELA (RETD),
                      S/O LATE S.TAKHAT SINGH.
                                                                   ...APPELLANT
                      (BY SMT.PRAMILA NESARGI., SENIOR ADVOCATE FOR
                           SRI.HEMANTH KUMAR., ADVOCATE)

                      AND:

Digitally signed by   MRS.UMA MALPANI,
THEJASKUMAR N         W/O LATE SURESH MALPANI,
Location: HIGH        AGED ABOUT 56 YEARS,
COURT OF
KARNATAKA             R/AT G-1, CAVALCADE APARTMENTS,
                      NO.5, BENSON ROAD, BENSON TOWN,
                      BANGALORE - 560 046.
                                                                ...RESPONDENT
                      (BY SRI.M.ARUN PONAPPA., ADVOCATE FOR C/R)

                             THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
                      96 R/W RDER 41 RULE 1 OF CPC, SEEKING CERTAIN RELIEFS.


                             THIS REGULAR FIRST APPEAL IS COMING ON FOR FINAL
                      HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                   -2-
                                                 NC: 2024:KHC:9136
                                             RFA No. 2028 of 2010




                                 ORDER

Smt.Pramila Nesargi., learned Senior counsel on behalf of

Sri.Hemanth Kumar., for the appellant has appeared through

video conferencing.

Sri.M.Arun Ponappa., learned counsel for the caveator/

respondent has appeared in person.

2. This appeal is filed challenging the Judgment

dated:09.09.2010 passed by the Court of III Addl. City Civil

and Sessions Judge, (CCH.No.25), Bengaluru in

O.S.No.7985/2007. The Trial Court decreed the suit against the

defendant in part with costs holding that there shall be an

enquiry into the mesne profits as provided under Order 20 Rule

12 of Civil Procedure Code.

Mrs.Uma Malpani - the respondent herein is the plaintiff

in the Original Suit.

3. Counsel Sri.M.Arun Ponappa., on instruction

submits that the respondent/ plaintiff is not pressing the

Decree. Counsel further submits that the plaintiff is no longer

interested in pressing execution of the Decree. Hence, he

submits that appropriate order may be passed.

NC: 2024:KHC:9136

Learned Senior counsel Smt.Pramila Nesargi., submits

that appropriate order may be passed.

The oral submission made by learned counsel for the

respective parties is placed on record.

Since the plaintiff is not pressing for execution of the

decree, nothing survives for consideration in the appeal.

Accordingly, the Regular First Appeal is disposed of.

Sd/-

JUDGE MRP