Karnataka High Court
Sri P C Mallapa vs Mc Donald'S Corporation on 16 August, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:28976
RFA No. 991 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO.991 OF 2006(IPR)
BETWEEN:
SRI P C MALLAPA
PROPRIETOR
P.C.MALLAPPA AND CO.,
MALLAPPA'S SANITARY WARE AND TILES
NO.124, INFANTRY ROAD,
BANGALORE - 560 001
...APPELLANT
(BY SRI VIVEK HOLLA, ADVOCATE)
AND:
MC DONALD'S CORPORATION
MC DONALD'S PLAZA, OAK BROOK
ILLINOIS -60521. USA
REPRESENTED BY ITS CONSTITUTED
Digitally
ATTORNEY MR.VIKRANT RANA
signed by R ...RESPONDENT
MANJUNATHA
Location: (BY SRI S.VIJAYASHANKAR, SR. ADVOCATE FOR
HIGH COURT
OF SRI M MOHAN RAO, ADVOCATE)
KARNATAKA
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 9.1.2006, IN O.S. NO.10196/1995 (CCCH.22)
ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL JUDGE AT
MAYOHALL UNIT, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
-2-
NC: 2023:KHC:28976
RFA No. 991 of 2006
JUDGMENT
Case called out. Parties are present with their respective counsels.
2. Parties submit that they have amicably settled the dispute and in order to have certainty of amicable settlement, they have presented a joint petition under Order 23 Rule 3 r/w Section 151 of CPC, signed by the parties and their respective counsel.
3. Respondent is also represented by Senior Counsel Sri S. Vijaya Shankar, who appeared through Video Conferencing.
4. The contents of the joint petition are read over to the parties and the parties agreed that there is no force or undue influence or coercion in reaching out the terms of the compromise. They also submit that the terms of the joint petition depict the true terms of settlement.
5. Accordingly, there is no impediment for this Court to dispose of the appeal in terms of the joint petition.
Hence, the following:
-3-
NC: 2023:KHC:28976 RFA No. 991 of 2006 ORDER Appeal stands disposed of in terms of the joint petition.
Office is directed to draft decree in terms of the joint petition appending the copy of the joint petition as part of the decree.
Permissible Court fee is ordered to be refunded.
Sd/-
JUDGE MR