Sri Shreedara v. M/S Harish Inn

Karnataka HC14 Jul 2025MFA/8449/2023

Case brief

AI extract

What is this about?

MFA No. 8449 of 2023 (CPC), High Court of Karnataka, Bengaluru, decided 14.07.2025; appellant Shreedara vs respondents M/s. Harish Inn (partnership firm) and S. Vishnu Shankar, P.K. Sathasiva Raja, S. Rani; appeal under Order 43 Rule 1(r)/Section 151 CPC against rejection of I.A.No.1 (Order 39 Rules 1 and 2 CPC) in O.S.No.3748/2022 (Trial Court: XXX Additional City Civil and Sessions Judge, CCH-31, Bengaluru); dismissed as infructuous after suit withdrawn; no substantive holding; no precedents discussed; NC: 2025:KHC:25773.

What did the court decide?

Accepting learned counsel's submission that the underlying suit had been withdrawn before the Trial Court, the Court held the appeal had become infructuous and dismissed it. ¶34-35

Sri Shreedara Vs M/S Harish Inn — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:25773 MFA No. 8449 of 2023

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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 JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 8449 OF 2023 (CPC) BETWEEN:

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SRI. SHREEDARA S/O SRI. ASHWATHEGOWDA AGED ABOUT 46 YEARS RESIDING AT NO.18 VENKATESHWARA NIVASA 2^ND CROSS, SUBBANNACHARI LANE COTTONPETE, BENGALURU-560 053

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…APPELLANT

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(BY SRI. JAYAKIRTHI M.C, ADVOCATE)

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AND:

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Digitally signed by ANJALI M Location: High Court of Karnataka

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M/S. HARISH INN A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.144/1 AND 144/2 NEXT TO NALANDA THEATER MYSORE ROAD

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BENGALURU-560 018

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1 MR. S. VISHNU SHANKAR S/O P.K. SATHASIVA RAJA AGED ABOUT 34 YEARS

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MR. P.K. SATHASIVA RAJA S/O LATE MR. KODHANDA RAJA AGED 62 YEARS

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MRS. S. RANI W/O P.K. SATHASIVA RAJA

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NC: 2025:KHC:25773 MFA No. 8449 of 2023

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HC-KAR

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AGED ABOUT 52 YEARS

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RESPONDENTS NO.1 TO 3 RESIDING AT NO. 132/B MAPPILLAL SUBBARAJA STREET RAJAPALAYAM TAMILNADU - 626 117

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…RESPONDENTS

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(BY SRI. JAGADEESH P, ADVOCATE FOR C/R1-R3)

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THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 25.10.2023 PASSED ON I.A.NO.1 IN OS.NO.3748/2022 ON THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-31, BENGALURU, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

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ORAL JUDGMENT

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Learned counsel for the appellant submits that already the suit is withdrawn pending before the Trial Court and he fairly submits that this appeal has become infructuous.

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NC: 2025:KHC:25773 MFA No. 8449 of 2023

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HC-KAR

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The submission of the learned counsel for the

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appellant is placed on record.

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This appeal is dismissed as having become

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