Karnataka High Court
Sri S V Nithyananda vs M/S Venus Clothing Co on 25 September, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:34927
RFA No. 1697 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1697 OF 2016 (MON)
BETWEEN:
SRI. S. V. NITHYANANDA,
S/O. SRI. S. S. VISWESWARA,
AGED ABOUT 39 YEARS,
PROP: OF M/S ROYAL VENTURES,
R/AT NO. 486/A, III-C-MAIN,
II PHASE, MANJUNATHA NAGAR,
BANGALORE - 560 010.
...APPELLANT
(BY SRI. K. R. LAKSHMINARAYANA RAO, ADVOCATE)
AND:
1. M/S VENUS CLOTHING CO.
A PARTNERSHIP FIRM,
AT NO. 152, I FLOOR, BALEPET,
BANGALORE - 560 053.
Digitally REPRESENTED BY ITS PARTNER,
signed by R
MANJUNATHA K. H. NANJUNDA SA,
Location: AGED ABOUT 70 YEARS.
HIGH COURT
OF
KARNATAKA
2. SRI. K. N. MANJUNATH,
PARTNER OF M/S VENUS COLTHING,
CO. S/O SRI. K.H. NANJUNDA SA,
AGED ABOUT 45 YEARS.
3. SRI. K. H. NANJUNDA SA,
PARTNER OF M/S VENUS COLTHING,
CO. S/O K. HANUMANTHA SA,
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NC: 2023:KHC:34927
RFA No. 1697 of 2016
AGED ABOUT 72 YEARS,
4. SRI. K. N. RAGHAVENDRA
PARTNER OF M/S VENUS COLTHING,
CO. S/O SRI. K. H. NANJUNDA SA,
AGED ABOUT 38 YEARS,
5. SRI. K. A. NITHYANANDA,
PARTNER OF M/S VENUS CLOTHING,
CO. S/O K. N. ASWATHANARAYANA,
AGED ABOUT 37 YEARS,
RESPONDENTS NO. 2 TO 5 ARE
R/AT NO. 240, 3RD MAIN,
MAHALAKSHMI LAYOUT,
BENGALURU - 560 086.
...RESPONDENTS
(R1 - UNSERVED;
VIDE ORDER DATED 16.08.2023 NOTICE TO IN RESPECT OF
R2 TO R5 HELD SUFFICIENT)
THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 18.07.2016 PASSED IN
OS NO.2326/2014 ON THE FILE OF THE XIV ADDL. CITY CIVIL
JUDGE, BENGALURU (CCH NO.28), DISMISSING THE SUIT FOR
RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:34927
RFA No. 1697 of 2016
JUDGMENT
Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. Said memo reads as under:
"The Appellant submits that the above case has been amicably settled out of Court.
WHEREFORE, the Appellant prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above appeal and order the refund of Court fee to the Appellant, in the interest of justice and equity".
In view of the memo, appeal is dismissed as withdrawn.
Permissible Court fee is ordered to be refunded.
Sd/-
JUDGE AT List No.: 1 Sl No.: 31 CT: BHK