Commercial appeal under Section 115 CPC against an interlocutory order in a commercial suit; appellant filed a memo seeking withdrawal and the Division Bench permitted withdrawal, dismissing the appeal as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 234 OF 2023
BETWEEN:
SRI.B.S. SUBRAMANYA GOWDA, S/O LATE SRI B.E SUBBE GOWDA, AGED ABOUT 65 YEARS, COFFEE GROWER, R/O BELT ROAD, 2ND CROSS, CHICKMAGALURU-577 101.
…APPELLANT
(BY SRI. B.R SRINIVASA GOWDA, ADVOCATE)
AND:
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
K.M. ROAD, JYOTHINAGAR POST, CHICKMAGALUR-577 102.
…RESPONDENTS
THIS COMAP (COMMERCIAL APPEAL) IS FILED UNDER SECTION 115 OF THE CPC, 1908, PRAYING TO SET ASIDE THE IMPUGNED ORDER ON I.A. NO.5 IN COM.O.S. NO.21/2022 PASSED BY THE LEARNED COURT OF THE DISTRICT AND SESSIONS COURT AT CHICKMAGALUR, DATED 27.02.2023 AND ALLOW THE APPLICATION I.A.NO. 5 FILED IN COM.O.S.NO.21/2022 BY ALLOWING THIS CIVIL REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.SOMASHEKAR, J., THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri B.R.Srinivasa Gowda, learned counsel for the appellant has filed a memo dated 04.03.2024 seeking withdrawal of the appeal. Memo is placed on record.
withdraw the appeal as not pressed.
Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
VM List No.: 1 Sl No.: 4
1 provisions across 1 enactments
Sri. B.S. Subramanya Gowda
Mr. Abdul Khader
Al Madani Coffee Curers
K.Somashekar
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
