Regular First Appeal against a partially decreed suit for possession with enquiry into mesne profits. The respondent-plaintiff submitted she was not pressing the decree or its execution. Holding nothing survived for consideration, the High Court disposed of the appeal.
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NC: 2024:KHC:9136 RFA No. 2028 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR FIRST APPEAL NO. 2028 OF 2010 (RES)
BETWEEN:
M/S.SPARKLEIZED, NO.18/3, ALI ASKER ROAD, BANGALORE, REPRESENTED BY ITS PARTNER, MRS.SHALIKA, REP. BY HER GPA, COL. HBS PHOKELA (RETD), S/O LATE S.TAKHAT SINGH.
…APPELLANT
(BY SMT.PRAMILA NESARGI., SENIOR ADVOCATE FOR SRI.HEMANTH KUMAR., ADVOCATE)
AND:
MRS.UMA MALPANI, Digitally signed by THEJASKUMAR N W/O LATE SURESH MALPANI, Location: HIGH AGED ABOUT 56 YEARS, COURT OF KARNATAKA R/AT G-1, CAVALCADE APARTMENTS, NO.5, BENSON ROAD, BENSON TOWN, BANGALORE - 560 046.
…RESPONDENT
(BY SRI.M.ARUN PONAPPA., ADVOCATE FOR C/R)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W RDER 41 RULE 1 OF CPC, SEEKING CERTAIN RELIEFS.
THIS REGULAR FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:9136 RFA No. 2028 of 2010
ORDER
Smt.Pramila Nesargi., learned Senior counsel on behalf of Sri.Hemanth Kumar., for the appellant has appeared through video conferencing.
Sri.M.Arun Ponappa., learned counsel for the caveator/ respondent has appeared in person.
Mrs.Uma Malpani - the respondent herein is the plaintiff in the Original Suit.
NC: 2024:KHC:9136 RFA No. 2028 of 2010
Learned Senior counsel Smt.Pramila Nesargi., submits
that appropriate order may be passed.
The oral submission made by learned counsel for the respective parties is placed on record.
Since the plaintiff is not pressing for execution of the decree, nothing survives for consideration in the appeal. Accordingly, the Regular First Appeal is disposed of .
Sd/JUDGE
MRP
List No.: 1 Sl No.: 72
2 provisions across 2 enactments
M/S. Sparkleized, represented by its partner Mrs. Shalika
Mrs. Uma Malpani
Jyoti Mulimani
As recorded by the court registry
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