Dismissed
M/S Srikanteshwara Supari Trading Company v. M/S P Kannappa Modaliyar and Sons
Karnataka HCRFA/863/2021
Case brief
from the order text
What is this about?
No. 863 of 2021 IN THE HIGH COURT OF…
What the court decided
AI extract
No. 863 of 2021 IN THE HIGH COURT OF…
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RFA No. 863 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 863 OF 2021 (MON)
BETWEEN:
M/S. SRIKANTESHWARA SUPARI TRADING COMPANY ARECA TRADERS R6, APMC YARD SHIVAMOGGA REP. BY ITS PROPRIETOR SMT. G.K. SHEELA W/O. K.V. SURESH AGED ABOUT 49 YEARS.
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
REP. BY HER GPA HOLDER K.V. SURESH S/O. LATE K.N. VEERANNA AGED ABOUT 55 YEARS R/O. KADANNARA NILAYA 13TH CROSS, VINOBANAGARA SHIVAMOGG- 577 204. …APPELLANT
(BY SRI. SOMASHEKHARAIAH R.P.,ADVOCATE)
AND:
RFA No. 863 of 2021
BOTH ARE RESIDING AT P. KANNAPPA MODALIYAR AND SONS ARECANUT MERCHANTS NO.10, C-BLOCK APMC YARD SHIVAMOGGA-577 204. …RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE ORDER DATED 14.10.2017 PASSED IN OS No. 215/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM SHIVAMOGGA DISPOSING OF THE PLAINTIFF IN TERMS OF COMPROMISE PETITION AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J. , DELIVERED THE FOLLOWING:
JUDGMENT
Sri.R.P.Somashekharaiah., learned Advocate for the
appellant has filed a memo of even date seeking leave to withdraw the appeal. Memo reads as follows:
" The appellant herein prays this Hon'ble Court to permit the appellant to withdraw the appeal with a liberty to challenge the Judgment and Decree 14.10.2017 made in O.S.NO.215/2014 on the file of the Principal Senior Civil Judge and C.J.M., Shimoga and also the order in O.S.No.107/2014 by initiating appropriate proceedings to protect the right of the appellant in the ends of justice and equity."
RFA No. 863 of 2021
in terms of the memo. It is made clear that we have not examined the permissibility of challenging the compromise petition. Appellant may take such recourse, which is open to them in law.
accordance with law.
applications, if any, do not survive for consideration and they stand disposed of.
No costs.
Sd/JUDGE
Sd/JUDGE
KNM List No.: 1 Sl No.: 32
M/S. SRIKANTESHWARA SUPARI TRADING COMPANY / G.K. SHEELA
M/S. P.KANNAPPA MODALIYAR AND SONS
SRI. R. KALYANI
SRI.K.R.KARTHIYAN
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
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