M/S.Annapurna Enterprises vs M/S.Micronova Impex Pvt Limited
2024 Latest Caselaw 25728 Kant

Karnataka High Court

M/S.Annapurna Enterprises vs M/S.Micronova Impex Pvt Limited on 29 October, 2024

                                                 -1-
                                                           NC: 2024:KHC:43664
                                                           RFA No.1883/2010




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 29TH DAY OF OCTOBER, 2024
                                             BEFORE
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                         REGULAR FIRST APPEAL NO.1883 OF 2010 (MON)


                   BETWEEN:

                   1.    M/S. ANNAPURNA ENTERPRISES
                         A PARTNERSHIP FIRM
                         REPRESENTED BY ITS PARTNER
                         SRI. PRABHAKARA MURHTY.

                   2.    SRI. G.V. PRABHAKARA MURTHY
                         AGED ABOUT 63 YEARS
                         S/O LATE G. SRINIVASALU
Digitally signed
by RUPA V                PARTNER OF M/S ANNAPURNA
Location: HIGH           ENTERPRISES, NO. A-357, I STAGE
COURT OF                 PEENYA INDUSTRIAL ESTATE
KARNATAKA                BANGALORE-560 058

                                                                ...APPELLANTS
                   (BY SRI. T. RAJARAM, ADV.,)


                   AND:

                   M/S. MICRONOVA IMPEX PVT. LIMITED
                   AT NO.43, W.A.T STREET, BASAVANAGUDI
                   BANGALORE-560004
                   REPRESENTED BY ITS DIRECTOR
                   AND POWER OF ATTORNEY HOLDER
                   SRI. SURESH ANANTH RAO.

                                                               ...RESPONDENT
                   (BY SRI. T.B. KIRAN KUMAR, ADV.,)
                                   -2-
                                               NC: 2024:KHC:43664
                                               RFA No.1883/2010




     THIS RFA IS FILED U/S 96 OF CPC, PRAYING TO SET-
ASIDE THE JUDGMENT AND DECREE DATED 8.7.2010, PASSED
IN O.S.NO.5855/1999, ON THE FILE OF THE XXXI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND ALLOW
THIS APPEAL WITH COSTS THROUGHOUT AND GRANT SUCH
OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT AND
PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.

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

CORAM:     HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

                         ORAL JUDGMENT

Learned counsel for the appellants submits that

appellants No.2, who happens to be the Partner of appellant

No.1-Firm, has died.

In view of the said submission, appeal is statutorily

abated.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

BSR