Comap filed under Commercial Courts Act, 2015 challenging an interim injunction order. The appellant sought to withdraw the appeal with liberty to file a fresh application for interim injunction after amendment was allowed.
Appeal disposed of as withdrawn with liberty to file fresh application for interim injunction after amendment allowed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
COMAP. NO.67 OF 2021
BETWEEN
RESIDING AT NO.2451, 17TH 'E' CROSS 9TH MAIN, B.S.K. 2ND STAGE BANGALORE-560070
AGED ABOUT 51 YEARS R/AT NO.8/9, 10TH CROSS S.R.LAY-OUT, K.R.PURAM BASAVANPURA MAIN ROAD
... APPELLANTS
(BY SRI. S.P. SHANKAR, SENIOR COUNSEL FOR SRI. VASANTHAPPA, ADVOCATE OF GNANAMURTHY & ASSOCIATES-PH)
AND:
KELAVATHI VILLAGE, THURLAPALLI POST PEDDA PANJANI MANDAL PRESENTLY AT R/AT PALAMANER CHITTOOR DISTRICT-517408
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BENGALURU-560038 REPRESENTED BY ITS MANAGING PARTNER SRI. HARSHA REDDY
THIS COMAP IS FILED UNDER SECTION 13(-A) OF COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN COM.O.S.NO.405/2020(CCH-84) AND SET ASIDE THE ORDER DATED 20.1.2021 PASSED BY THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY ON I.A.NO.I, IN COM. O.S.NO.405/2020 (CCH-84) BY ALLOWING THE APPLICATION FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF THE PROCEEDINGS IN THE ENDS OF JUSTICE.
THIS COMAP COMING ON FOR ADMISSION THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellant, on
instructions, states that the appellant desires to apply for amendment of the plaint for incorporating the additional reliefs. He states that he may be permitted to withdraw the appeal with
liberty to file a fresh application for interim injunction after the amendment is allowed. He also pointed out that I.A. No.2 has
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been filed by the appellant under Rule 5 of Order XXXVIII of Code of Civil Procedure, 1908, for attachment before the Judgment and the said application is pending as notice has been issued thereon. The respondents are represented in the Suit by an advocate. If the service is not effected, notice of the said application can be served on the advocate representing the respondents.
and is accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
ln
1 issue framed by the court
Whether the appeal filed before dismissal can be disposed of as withdrawn with liberty for fresh application?
3 provisions across 2 enactments
Sri. M. Devendra S/o Late U. Munireddy
Sri. Govindappa S/o K.M. Nagappa
Sri. Amarnathreddy S/o Late Ramakrishnareddy
M/s Taapsee Project
Sri. Harsha Reddy S/o K. Vinod Reddy
Smt. Meghana Chandra Reddy D/o Narayana Chandra Reddy
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
