IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO. 1404 OF 2016 Between:
1. Anga Karunya Kendra, A non-profit Institution Registered under the Karnataka Societies Registration Act, 1960, Having its registered office at Plot No.15, Vishweshwaraiah Industrial Area, Mahadevapura Post, Bengaluru – 560 048. Represented by the President Sri Pravin B Dave, and the Secretary and Treasurer Sri A.Armugham.
2. The Managing Committee of Anga Karunya Kendra, Plot No.15, Vishweshwaraiah Industrial Area, Mahadevapura Post, Bengaluru – 560 048. Represented by the President Sri Praveen B. Dave, and the Secretary and Treasurer Sri A.Armugham.
(By Sri.Ajay Govindaraj, Advocate) …Appellants And:
Nil …Respondent (By Sri.P.V.Chandrashekar, Advocate for KIADB v/o dated 28.03.2017) This Regular First Appeal is filed under Order XLI Rule 1 read with Section 96 of CPC., against the judgment and decree dated 11.07.2016 passed in OS.No.430/2016 on the file of the VI Addl. City Civil and Sessions Judge, Bengaluru City,(CCH-11), dismissing the suit for declaration and Injunction.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER The appellants’ counsel has filed an application under Order XXIII Rule 1 of CPC for withdrawing the suit in O.S.No.430/2016 on the file of VI Additional City Civil and Sessions Judge, Bengaluru. In the application, it is stated that suit was filed under misconception and therefore, the plaintiffs/appellants are now desirous of withdrawing the suit without seeking liberty to present a fresh suit on the same cause of action. This application is placed on record. Since liberty to file another suit is not sought, application can be granted.
The appellants are permitted to withdraw the suit as prayed for in the application.
Learned counsel for the KIADB is also present.
In view of suit being withdrawn, the judgment of the trial Court becomes ineffective and it stands set aside.
Sd/- JUDGE NS