Dismissed¶¶28

M/S Maarss Movies and Music LLP v. Sri Hamasalekha

Karnataka HC14 Oct 2025MFA/2382/2025

Case brief

AI extract

What is this about?

Withdrawal of appeal by memo; MFA under Order 43 Rule 1(r) CPC against interlocutory order dated 01.03.2025 on I.A.No.10 in O.S.No. 4967/2021, XVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-10); appeal dismissed as withdrawn with liberty to challenge the I.A.No.10 order; parties: Maarss Movies and Music LLP (Mars Films), Hamasalekha (through POA holder Tejaswini N), Airtel Digital Limited (Wynk Music), Saavn Media Pvt. Ltd (JioSaavn), Hungama Digital Media Entertainment Pvt. Ltd, Gamma Gaana Limited; IPR/music-streaming dispute; Karnataka High Court; Justice K.S. Hemalekha; neutral citation NC: 2025:KHC:40756.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to challenge the order on I.A.No.10 in accordance with law. ¶¶28

M/S Maarss Movies and Music LLP Vs Sri Hamasalekha — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:40756 MFA No. 2382 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 2382 OF 2025 (IPR)

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BETWEEN:

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M/S MAARSS MOVIES AND MUSIC LLP (FORMERLY KNOWN AS MARS FILMS (A REGISTERED PARTNERSHIP FIRM) HAVING ITS REGISTERED OFFICE AT NO. 53/A, TILOK, GROUND FLOOR, KHADHI COMMISSION HBCS, VIVEKANANDA NAGAR, KATTARIGUPPE MAIN ROAD, BENGALURU- 560 085. REPRESENTED BY ITS PARTNER MR. BHARATH KUMAR JAIN S/O LATE HIRACHAND JAIN AGED 44 YEARS. …APPELLANT

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(BY SRI. TARUNN SURANA.,ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SRI HAMASALEKHA S/O GOVIND RAJU, AGED ABOUT 70 YEARS, RESIDING AT NO.1092/93, 10TH C CROSS, 11TH MAIN ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU- 560 086 REPRESENTED BY ITS POA HOLDER MR. TEJASWINI N, D/O NAGARAJ R AGED ABOUT 36 YEARS, RESIDING AT G.R. SHARADA NILAYA, 749, 4 B MAIN, 2 CROSS, ASHRAMA ROAD,

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2 - NC: 2025:KHC:40756 MFA No. 2382 of 2025

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HC-KAR

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LAGGERE, BENGALURU-560058

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AIRTEL DIGITAL LIMITED BRAND OWNER OF WYNK MUSIC BHARTI CRESCENT, 1, NELSON MANDELA ROAD, VASANTH KUNJ PHASE - II NEW DELHI-110070 REPRESENTED BY ITS DIRECTOR

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SAAVN MEDIA PVT.LTD, BRAND OWNER OF JIOSAAVN A WING, 19TH FLOOR, ONE BKC, G BLOCK, BKC BANDRA (EAST) MUMBAI 400051 REPRESENTATION BY ITS DIRECTOR

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HUNGAMA DIGITAL MEDIA ENTERTAINMENT PRIVATE LIMITED POSTAL SF-B-07, ART GUILT HOUSE, PHOENIX MARKET CITY, LBS MARG, KURLA (W), MUMBAI- 400 070 REPRESENTED BY ITS DIRECTOR

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GAMMA GAANA LIMITED EXPRESS BUILDING, 9-10 BAHADURSHAH ZAFAR MARG, NEW DELHI DL 110002 REPRESENTED BY ITS DIRECTOR

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…RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 01.03.2025 PASSED IN O.S.NO. 4967/2021 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-10).

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

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NC: 2025:KHC:40756 MFA No. 2382 of 2025

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Learned counsel appearing for the appellants has

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filed a memo seeking to withdraw the appeal. The said memo reads as under:

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"The appellant above named submits that the withdrawn/dismissed in the above Appeal as Liberty to file new appeal. Hence, the appeal is withdrawn/dismissed in the interest of justice and equity".

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