Karnataka High Court
Mrs. Veena Sahani vs Army Welfare Education Society (Awes) on 10 December, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:50898
MFA No. 1602 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.1602 OF 2022 (CPC)
BETWEEN:
1. MRS. VEENA SAHANI,
W/O (RETD) COL. M.P.SAHANI,
AGED ABOUT 53 YEARS,
(DOB:- JUNE/02ND/1966),
PRINCIPAL,
ARMY PUBLIC SCHOOL
KAMARAJ ROAD,
BENGALURU- 560001.
...APPELLANT
(BY SRI. SHIJU ABRAHAM VERGHIS, ADVOCATE)
AND:
1. ARMY WELFARE EDUCATION SOCIETY (AWES),
Digitally signed
by DEVIKA M REPRESENTED BY ITS MANAGING DIRECTOR,
Location: HIGH NO.202, SHANKAR VIHAR,
COURT OF DELHI CANTT. NEW DELHI,
KARNATAKA PIN CODE-110 010.
2. GENERAL OFFICER COMMANDING IN CHIEF
HEADQUARTERS, SOUTHERN COMMAND
KHADAKWASLA, PUNE, MAHARASTRA,
PIN CODE-411 023.
3. GENERAL OFFICER COMMANDING AND PATRON,
ARMY PUBLIC SCHOOL,
HEADQUARTERS,
KARNATAKA AND KERALA SUB AREA
CUBBON ROAD, BENGALURU,
PIN CODE -560 001.
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NC: 2024:KHC:50898
MFA No. 1602 of 2022
4. DEPUTY GENERAL OFFICER
COMMANDING AND CHAIRMAN,
ARMY PUBLIC SCHOOL,
HEADQUARTERS,
KARNATAKA AND KERALA SUB AREA,
CUBBON ROAD, BENGALURU,
PIN CODE -560 001.
5. COLONEL (OFFICER IN CHARGE-SCHOOL),
HEADQUARTERS,
KARNATAKA AND KERALA SUB AREA,
CUBBON ROAD, BENGALURU,
PIN CODE -560 001.
6. COLONEL (TRAINING),
HEADQUARTERS,
KARNATAKA AND KERALA SUB AREA,
CUBBON ROAD, BENGALURU,
PIN CODE -560 001.
7. COL. G.P.SINGH,
COLONEL (TRAINING),
HEADQUARTERS,
KARNATAKA AND KERALA SUB AREA,
CUBBON ROAD, BENGALURU,
PIN CODE-560 001.
...RESPONDENTS
(BY SRI. CHANDRACHUD A., ADVOCATE FOR R5 TO R7;
SRI. C.SHASHIKANTHA, ADVOCATE FOR C/R3 TO R6)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 09.02.2021 PASSED ON I.A.NOS.1
AND 2 IN O.S.NO.25984/2020 ON THE FILE OF THE LVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL
UNIT, BENGALURU (CCH NO.58), DISMISSING I.A. NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF
CPC AND ALLOWING I.A.NO.II FILED UNDER ORDER 39 RULE 4
OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:50898
MFA No. 1602 of 2022
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel for the appellant has filed a memo stating that the matter has become infructuous, since the main plaint was rejected by the Trial Court and hence this appellant is not pressing the above appeal and may be permitted to withdraw the appeal.
2. In view of the memo, the appeal is dismissed as withdrawn.
Sd/-
(H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 26