Dismissed¶29

Sri v. Subba Rao v Jabm One Source Pvt. Ltd.

Karnataka HC28 Aug 2025RFA/691/2024

Case brief

AI extract

What is this about?

Withdrawal of Regular First Appeal as 'not pressed' by memo; appeal under Section 96 CPC against trial court judgment/decree dated 08.02.2024 allowing rejection of plaint under Order VII Rule 11 r/w Section 151 CPC in O.S.No.7640/2022 (39th Addl. City Civil & Sessions Judge, Bengaluru); appeal dismissed as withdrawn; return of court fee ordered; parties: V. Subba Rao v. Jabm One Source Pvt. Ltd. & S. Naveen Kumar; single-judge bench of K.S. Hemalekha, J.; no precedent engaged.

What did the court decide?

Appeal dismissed as withdrawn ('not pressed') on the appellant's memo; Registry directed to return the entire Court fee to the appellant in accordance with law. ¶29

Sri v Subba Rao Vs Jabm One Source Pvt. Ltd. — Karnataka HC (2025) — LawSathi Research

¶1

NC: 2025:KHC:33289 RFA No. 691 of 2024

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 28^TH DAY OF AUGUST, 2025

¶6

BEFORE

¶7

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

¶8

REGULAR FIRST APPEAL NO.691 OF 2024 (RES)

¶9

BETWEEN:

¶10

SRI V. SUBBA RAO S/O SRI SURYANARAYANA, AGED ABOUT 53 YEARS, R/AT NO.46, ADARSH SERENITY, 3^RD LANE, GROUND FLOOR, VYDEHI CLINIC, KANNAMANGALA, KADUGODI, BENGALURU-560067.

¶11

…APPELLANT

¶12

(BY SRI PRAMODA GOWDA T.P., ADVOCATE)

¶13

AND:

¶14

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

¶15

JABM ONE SOURCE PVT. LTD., 2^ND MAIN ROAD, NILA INVESTMENT LAYOUT, BETTADASANAPURA, ELECTRONIC CITY PHASE, BENGALURU-560 100. REP. BY ITS DIRECTOR A SUNIL MORE SHIVAJI RAO, B. RVSN ANE RAM TEJA ARIGEIA.

¶16

S. NAVEEN KUMAR S/O SRI SRINIVASAN .R AGED ABOUT 34 YEARS, R/AT A-403, AMRUTHA GRANDEUR, RECHANAHALLI ROAD, DR. SRK NAGAR POST, THANISANDRA, BENGALURU-560 064.

¶17

…RESPONDENTS (BY SRI JAYAKUMAR N.D., ADVOCATE FOR R-2; NOTICE TO R-1 IS DISPENSED WITH V/O DATED 02/04/2024)

¶18

NC: 2025:KHC:33289 RFA No. 691 of 2024

¶19

¶20

HC-KAR

¶21

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.02.2024. PASSED ON IA NO.III IN O.S.NO.7640/2022 ON THE FILE OF 39^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING IA NO.III FILED U/O VII RULE 11 R/W SECTION 151 OF CPC FOR REJECTION OF PLAINT.

¶22

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

¶23

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

¶24

ORAL JUDGMENT

¶25

Learned counsel for the appellant files memo, which

¶26

reads as under:

¶27

“The appellant prays this Hon’ble Court be please permit the appellant to withdraw above appeal as ‘not pressed’ and kindly direct the office to return entire court fee to appellant, in the interest of justice.”

¶28