Sri Masthan Sheriff @ Norulla Sheriff vs Sri A D Nagaria
2024 Latest Caselaw 11739 Kant

Karnataka High Court

Sri Masthan Sheriff @ Norulla Sheriff vs Sri A D Nagaria on 28 May, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                            -1-
                                                    NC: 2024:KHC:17802
                                                   MFA No. 304 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF MAY, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE RAVI V HOSMANI
               MISCELLANEOUS FIRST APPEAL NO. 304 OF 2022 (AA)
              BETWEEN:

              SRI. MASTHAN SHERIFF @
              NOORULLA SHERIFF,
              S/O LATE MAHMOOD SHERIFF,
              AGED ABOUT 40 YEARS,
              R/AT NO.19/D,
              UMBERBHAG EXTENSION,
              J.P.NAGAR,
              BANGALORE - 560 080.
                                                          ...APPELLANT
              (BY SRI M. SHIVAPRAKASH, ADVOCATE)

              AND:

              1.    SRI. A.D.NAGARIA,
                    S/O SRI. D. NAGARIA,
Digitally signed by
MOHANKUMAR M AGED ABOUT 82 YEARS,
Location: High      R/AT NO.3 AND 4,
Court of Karnataka ZUBEIDA MANSION,
                    LADY CURZON ROAD,
                    SHIVAJINAGAR,
                    BANGALORE - 560 001.

              2.    SRI. SHABBIR NAGARIA,
                    S/O SRI. A.D.NAGARIA,
                    AGED ABOUT 57 YEARS,
                    R/AT NO.3 AND 4,
                    ZUBEIDA MANSION,
                              -2-
                                            NC: 2024:KHC:17802
                                           MFA No. 304 of 2022




     LADY CURZON ROAD,
     SHIVAJINAGAR,
     BANGALORE - 560 001.

3.   SRI. ABBAS NAGARIA,
     S/O SRI. A.D.NAGARIA,
     AGED ABOUT 55 YEARS,
     R/AT NO.3 AND 4,
     ZUBEIDA MANSION,
     LADY CURZON ROAD,
     SHIVAJINAGAR,
     BANGALORE - 560 001.

4.   SRI. AKTHAR NAGARIA,
     S/O SRI. A.D.NAGARIA,
     AGED ABOUT 43 YEARS,
     R/AT NO.3 AND 4,
     ZUBEIDA MANSION,
     LADY CURZON ROAD,
     SHIVAJINAGAR,
     BANGALORE - 560 001.
                                               ...RESPONDENTS
(BY SRI S.SHAKER SHETTY, ADVOCATE FOR C/R4)

        THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 07.04.2021 PASSED IN A.S.NO.25003/2014 ON THE
FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU CITY, (CCCH-11), ALLOWING THE SUIT
FILED    UNDER   SECTION   34   OF   THE    ARBITRATION   AND
CONCILIATION ACT, 1996.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                        -3-
                                                        NC: 2024:KHC:17802
                                                   MFA No. 304 of 2022




                                    JUDGMENT

Learned counsel for appellant has filed a memo seeking

withdrawal of appeal on ground that matter has been settled

between parties amicably out of Court.

Placing memo on record, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

MKM