Dismissed¶35

Sri. Dr. S v. Divakar v Sri. Shivalingaswamy

Karnataka HC8 Sept 2025RFA/1178/2024

Case brief

AI extract

What is this about?

RFA No. 1178 of 2024 (INJ), High Court of Karnataka, Bengaluru, decided 08-09-2025 by Justice K.S. Hemalekha (NC: 2025:KHC:35157). Appeal under Section 96 r/w Order 41 Rule 1 CPC against dismissal of suit for injunction in O.S.No.8402/2012 (judgment and decree dated 01.03.2024, IX Addl. City Civil and Sessions Judge, Bengaluru c/c LXXV ACC&SJ). Withdrawal of appeal through memo; matter settled in connected criminal proceedings CC No.142/2024, Addl. CMM Court, Bangalore; appeal dismissed as withdrawn; no substantive ruling, no precedents cited, no quantum.

What did the court decide?

Leave to withdraw the appeal was granted; the appeal stands dismissed as withdrawn pursuant to the memo recording settlement in connected criminal proceedings CC No.142/2024. ¶35

Sri. Dr. S v Divakar Vs Sri. Shivalingaswamy — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:35157 RFA No. 1178 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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REGULAR FIRST APPEAL NO.1178 OF 2024 (INJ)

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BETWEEN:

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SRI DR. S.V. DIVAKAR S/O VENKATASWAMI, AGED ABOUT 48 YEARS, ERSTWHILE MEDICAL SUPERINTENDENT AND NOW WORKING AS PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINES DR. B.R. AMBEDKAR MEDICAL COLLEGE & HOSPITAL, NO.24, KADUGONDANAHALLI, BANGALORE-560 045.

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…APPELLANT

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(BY SRI BALAGANGADHAR G.S., 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 SHIVALINGASWAMY PRESIDENT AGED ABOUT 51 YEARS, DR. AMBEDKAR MEDICAL COLLEGE SC/ST & BACKWARD EMPLOYEES’ ASSOCIATION, NO.4/2, “ASHIRVAD” OPP: SUMANGALI SEVASHRAMA, R.T. NAGAR POST, BANGALORE-560 032.

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SRI G. BASAVARAJU GENERAL SECRETARY AGED ABOUT 52 YEARS, DR. AMBEDKAR MEDICAL COLLEGE SC/ST & BACKWARD EMPLOYEES’ ASSOCIATION, NO.179/3, 3^RD MAIN, 3^RD CROSS,

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2 - NC: 2025:KHC:35157 RFA No. 1178 of 2024

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HC-KAR

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MAHALAKSHMIPURAM, BANGALORE-560 086.

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…RESPONDENTS

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(BY SRI KEMPARAJU, ADVOCATE FOR R-1 & R-2)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.03.2024 PASSED IN O.S.NO.8402/2012 ON THE FILE OF IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, C/C LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSED THE SUIT FOR INJUNCTION.

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Learned counsel for the appellant files a memo

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seeking to withdraw the appeal.

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Memo reads as under:

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“The above named appellant humbly prays the Hon’ble court to permit the appellant to withdraw the above appeal as the matter is settled in connected criminal proceedings bearing No: CC No.142/2024 on the file of Learned Addl. CMM Court Bangalore, in the ends of justice.”

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