M/S Bangalore Turf Club Limited vs Sri. S Padmanabhan
2024 Latest Caselaw 25603 Kant

Karnataka High Court

M/S Bangalore Turf Club Limited vs Sri. S Padmanabhan on 28 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                         NC: 2024:KHC:43409
                                                        MFA No. 300 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 300 OF 2024 (CPC)

                   BETWEEN:

                   1.    M/S. BANGALORE TURF CLUB LIMITED
                         A PRIVATE LIMITED COMPANY
                         HAVING ITS OFFICE AT
                         RACE COURSE ROAD,
                         BENGALURU-560001
                         REPRESENTED BY ITS CEO & SECRETARY,
                         SRI KIRAN M.K.
                                                                 ...APPELLANT

                                  (BY SRI. SUMANA NAGANAND &
                                   SRI K.KRISHNA, ADVOCATES )
                   AND:

                   1.    SRI S.PADMANABHAN,
Digitally signed         TRAINER,
by DEVIKA M              BANGALORE TURF CLUB LIMITED,
Location: HIGH           RACE COURSE ROAD
COURT OF                 BENGALURU-560001
KARNATAKA                RESIDING AT 178/E,
                         A.E.C.S. LAYOUT,
                         1ST CROSS, 1ST STAGE,
                         SANJAY NAGAR,
                         BENGALURU-560094.
                                                                ...RESPONDENT

                                    (BY SRI S.B.MUKKANNAPPA &
                           SRI G.S.NAVEEN KUMARA, ADVOCATES FOR C/R)
                               -2-
                                            NC: 2024:KHC:43409
                                          MFA No. 300 of 2024




      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 23.11.2023 PASSED ON I.A. NO.2
IN O.S.NO.6799/2023 ON THE FILE OF THE 17 ADDITIONAL
CIVIL    AND SESSIONS JUDGE, BENGALURU, (CCH-16),
ALLOWING THE I.A. NO.2 FILED UNDER ORDER 39 RULE 1
AND 2 OF CPC.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH

                         ORAL JUDGMENT

Learned counsel for the appellant has filed a memo

stating that the appeal does not survive for consideration and

the same has rendered itself infructuous, since the suit was

dismissed as withdrawn vide order dated 19.10.2024 and the

appeal may be dismissed as not pressed.

The memo is taken on record.

Accordingly, the appeal is dismissed as not pressed.

Sd/-

(H.P.SANDESH) JUDGE

ST