Dismissed¶36

Mr.S. Kiran v. Sri.K.S. Shreyas

Karnataka HC12 Nov 2025COMAP/104/2024

Case brief

AI extract

What is this about?

Commercial appeal (COMAP) under Articles 226/227 dismissed as withdrawn on counsel's memo citing that the appeal had become infructuous; challenge to an Order XII Rule 6 r/w Section 151 CPC allowance (I.A.No.3) in Com.O.S.No.874/2022 before LXXXIX Addl. City Civil & Sessions Judge, Bengaluru (CCH-90) left undecided; parties S. Kiran, S. Sunil, Sri Basaveshwara Timbers v. K.S. Shreyas; Karnataka High Court Division Bench, 12.11.2025; withdrawal of appeal; no merits decided, no precedents treated.

What did the court decide?

None on merits; the appeal was dismissed as withdrawn upon the appellants' counsel's memo stating the appeal had become infructuous. The prayer to quash the order dated 03/07/2023 was not adjudicated. ¶36

Mr.S. Kiran Vs Sri.K.S. Shreyas — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:46294-DB COMAP No.104/2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.104/2024

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BETWEEN:

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MR. S. KIRAN AGED ABOUT 52 YEARS S/O LATE B. SHIVANANJAPPA.

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Digitally signed by RUPA V Location: High Court Of Karnataka

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MR. S. SUNIL AGED ABOUT 48 YEARS S/O LATE B. SHIVANANJAPPA.

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M/S. SRI BASAVESHWARA TIMBERS A PARTNERSHIP CONCERN REPRESENTED BY ITS PARTNERS VIZ., PETITIONER NOS.1 & 2.

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AT NO.40/5, (OLD NO.10) INDUSTRIAL SUBRUB BANGALORE-TUMKUR ROAD YESHWANTHPUR, BENGALURU - 560 022.

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ALSO AT : PORTION OF NO.40/6 (OLD NO.10) INDUSTRIAL SUBRUB BANGALORE-TUMKUR ROAD YESHWANTHPUR, BENGALURU - 560 022.

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…APPELLANTS

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(BY SRI. SIDDHARTH B. MUCHANDI, ADV.,)

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NC: 2025:KHC:46294-DB COMAP No.104/2024

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HC-KAR

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AND:

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SRI. K.S. SHREYAS AGED ABOUT 39 YEARS S/O LATE K.M. SHIVAKUMAR R/AT NO 165/B, 6TH MAIN ROAD 3RD PHASE, JP NAGAR BENGAKLURU - 560 078.

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…RESPONDENT

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THIS COMMERCIAL APPEAL/COMAP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRITE OR ORDER OR DIRECTION TO QUASH THE IMPUGNED THE ORDER DATED 03/07/2023, ALLOWING THE I.A.NO.3 FILED UNDER ORDER XII RULE 6 R/W SECTION 151 OF CPC (ANNEXURE-E) PASSED BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-90) IN COM.O.S.NO.874/2022 FILED BY THE RESPONDENT IN THE INTEREST OF JUSTICE & ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:46294-DB COMAP No.104/2024

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Learned counsel appearing for the appellants has

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filed a memo seeking leave of the Court to withdraw the appeal. The said memo is placed on record which reads as under:

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"The undersigned counsel for the appellants in the above case submits that this Hon'ble Court may be pleased permit to withdraw the above petition as it has become infructuous, to meet in the interest of justice."

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