Karnataka High Court
The Ankola Consumers Co Op Stores vs Suresh Santappa Naik on 23 November, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.5093 OF 2009 (PAR)
BETWEEN:
1. THE ANKOLA CONSUMERS CO-OP. STORES,
ANKOLA, REPRESENTED BY ITS
CHAIRMAN - SRI PANDURANG KENI,
ANKOLA, DIST: UTTAR KANNADA.
2. THE ANKOLA CONSUMERS CO-OP.STORES,
ANKOLA, REPRESENTED BY ITS
SECRETARY-SRI. PUNDALIK SADANAND
KAMAT, ANKOLA, DIST: UTTAR KANNADA.
...APPELLANTS
(BY SRI VISHWANTH BHAT FOR SRI NARAYAN V. YAJI,
ADVOCATE) )
AND:
SURESH SANTAPPA NAIK
AGE: 46 YEARS, OCC: BUSINESS,
R/O: KAKARMATH,
ANKOLA, DIST: UTTAR KANNADA.
... RESPONDENT
(BY SRI MANOHAR V. NAYAK, ADVOCATE.)
2
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 29.11.2008, PASSED
IN R.A.NO.26/2006, BY THE CIVIL JUDGE (SR.DN.), KUMTA, AS
IT IS ILLEGAL AND SET ASIDE THE JUDGMENT AND DECREE
DATED 24.02.005, PASSED IN O.S.NO.100/2004, BY THE CIIVL
JUDGE (JR.DN.), ANKOLA AS IT IS ILLEGAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
Shri Vishwanath Bhat, learned counsel on behalf of Shri Narayan V. Yaji, for appellants, has appeared in person.
Learned counsel for appellants submits that a memo has been filed stating that the appeal may be dismissed as it has become infructuous. Learned counsel therefore submits that the memo may be placed on record and the appeal may be dismissed as having become infructuous.
Submission is noted.
3Memo is placed on record.
Appeal is dismissed as having become infructuous.
Sd/-
JUDGE MRK