Umapathy Srinivasa Gowda vs M/S. Slv Housing Development ...
2024 Latest Caselaw 27805 Kant

Karnataka High Court

Umapathy Srinivasa Gowda vs M/S. Slv Housing Development ... on 20 November, 2024

                                             -1-
                                                      NC: 2024:KHC:46976-DB
                                                      MFA No. 8063 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 20TH DAY OF NOVEMBER, 2024
                                       PRESENT
                     THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                         AND
                       THE HON'BLE MR JUSTICE S RACHAIAH
             MISCELLANEOUS FIRST APPEAL NO. 8063 OF 2023 (AA)
             BETWEEN:

                 UMAPATHY SRINIVASA GOWDA
                 SON OF LATE M. SRINIVAS,
                 AGED ABOUT 35 YEARS,
                 PRESENTLY RESIDING AT NO. 2/7,
                 22ND CROSS, 15TH MAIN, HSR LAYOUT,
                 SECTOR 3, BENGALURU - 560 102.
                                                                ...APPELLANT
             (BY SRI. VIVEK A R, ADVOCATE)

             AND:

                 M/S. SLV HOUSING DEVELOPMENT CORPORATION
                 A PARTNERSHIP FIRM
                 HAVING ITS OFFICE AT NO.1,
                 SRI KRISHNA MANSION,
Digitally        NEW BANK COLONY,
signed by        CHUNCHAGHATTA MAIN ROAD,
NARAYANA
UMA              KONANAKUNTE,
Location:        BENGALURU - 560 062.
HIGH COURT
OF               REP. BY ITS PARTNER H.NAGARAJA
KARNATAKA
                                                              ...RESPONDENT
             (RESPONDENT IS SERVED AND UNREPRESENTED)

                  THIS MFA IS FILED U/S.37(1)(b) OF THE ARBITRATION AND
             CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER
             DATED 13.10.2023 PASSED UNDER ORDER XXXIX RULE 1 AND 2 BY
             THE IX ADDITIONAL DISTRICT AND SESSION JUDGE BENGALURU
             RURAL IN A.A.NO.3/2023 (ANNEXURE A).

                  THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
             JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                      -2-
                                                    NC: 2024:KHC:46976-DB
                                                    MFA No. 8063 of 2023




CORAM:        HON'BLE MR JUSTICE V KAMESWAR RAO
              and
              HON'BLE MR JUSTICE S RACHAIAH

                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

1. Learned counsel for the appellant has filed a memo,

which reads as under:

"The Appellant submits as follows:

The Appellant submits that, as the issues between the parties to this appeal has been settled, the Appellant intends not to pursue this appeal before the Hon'ble Court.

Wherefore it is prayed that this Hon'ble Court be pleased to permit the Appellant to withdraw the appeal in the interest of justice and equity."

2. Learned counsel for the appellant reiterates the prayer as

made in the memo for withdrawing the appeal.

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE