Sri P N Vrushabendra vs M/S Sri Balaji Traders
2024 Latest Caselaw 12083 Kant

Karnataka High Court

Sri P N Vrushabendra vs M/S Sri Balaji Traders on 30 May, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                  -1-
                                                              NC: 2024:KHC:18428
                                                             RSA No. 417 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 30TH DAY OF MAY, 2024

                                                BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                        REGULAR SECOND APPEAL NO. 417 OF 2015 (MON)
                   BETWEEN:

                         SRI. P.N. VRUSHABENDRA,
                         S/O LATE P. NANJUNDAPPA,
                         AGED ABOUT 54 YEARS,
                         PROPRIETOR, KANVA BAR,
                         B.H. ROAD, TIPTUR,
                         R/O ANJANEYA SWAMY TEMPLE STREET,
                         KOTE, TIPTUR - 572 201.
                                                                     ...APPELLANT
                   (BY SRI. YASHWANTH, ADVOCATE FOR
                       SRI. K.G. SADASHIVAIAH, ADVOCATE)

                   AND:

                   1.    M/S. SRI. BALAJI TRADERS,
                         RAMA MANDIR ROAD, TIPTUR,
                         A PARTNERSHIP FIRM,
Digitally signed
by                       REP. BY ITS PARTNERS.
NARAYANAPPA
LAKSHMAMMA
Location: HIGH     2.    SRI. K.P. BALAJI,
COURT OF
KARNATAKA                S/O R. PRABHAKAR,
                         AGED ABOUT 44 YEARS,

                   3.    SRI. K.P. PRAVEEN,
                         S/O K.R. PRABHAKAR,
                         AGED ABOUT 47 YEARS,

                   4.    SRI. K.N. MANJUNATH,
                         S/O LATE K.N. NARASIMHA GUPTA,
                         AGED ABOUT 52 YEARS,
                                    -2-
                                                   NC: 2024:KHC:18428
                                                 RSA No. 417 of 2015




5.   SMT. K.V. SREEDEVI,
     W/O K.N. VISHWANATH,
     AGED ABOUT 55 YEARS,

     ALL ARE RESIDENTS OF
     RAMA MANDIR ROAD,
     TIPTUR - 572 201.
                                                         ...RESPONDENTS
(BY SRI. M. VINAYA KEERTHY, ADVOCATE FOR R1 TO R5)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT    AND   DECREE    DATED   24.1.2015   PASSED   IN
R.A.NO.10022/2014 ON THE FILE OF THE V ADDL. DISTRICT &
SESSIONS JUDGE, TIPTUR, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 14.7.2014 PASSED IN
O.S.NO.7/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC.,
TIPTUR.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                             JUDGMENT

1. The appellant is before this Court seeking for the

following reliefs:

"Set aside the Judgment and Decree passed by the 5th Additional District and Sessions Judge, Tiptur in R.A. No.10022/2014 dated 24.01.2015 passed by the learned 5th Additional District and Sessions Judge, Tiptur and conforming the Judgment and Decree passed by the learned Senior Civil Judge and JMFC., Tiptur in O.S.No.7/2010 dated 14.07.2014 and grant such other relief in favour of the appellant in the interest of justice and equity."

NC: 2024:KHC:18428

2. Learned counsel for the appellant has filed a memo dated

30.05.2024 signed by the counsel for the appellant,

which reads as under:

"The appellant in the above appeal submit that the matter is settled out of Court and the appellant has received the claim amount from the respondent and hence the appeal be dismissed as withdrawn in the interest of justice and equity."

3. Accepting the said memo and submission of the counsel

for the appellant, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

GJM

CT: BHK