IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.330 OF 2016 BETWEEN:
Mrs. S.Bolar W/o. Late Ashok Bolar, Aged about 71 years, Founder Principal, Innisfree House School, 9th Cross, 23rd Main, J.P.Nagar II Phase, Bangalore560 078.
(By Smt. Rosa Paramel, Advocate for Rosa Paramel & Associates) AND:
Bro. Thomas Thanickal S/o. Joseph, Aged about 68 years, Principal Cambridge School, Cantonment Road, Cuttack-753 001.
(By Sri. V. Raghunath, Advocate ) **** …Appellant …Respondent This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:05.12.2015 passed in O.S.No.6271/2005 on the file of the VIII Addl. City Civil and Sessions Judge, Bengaluru, dismissing the suit for damages.
This Regular First Appeal coming on for Orders this day, the Court made the following:
O R D E R Learned counsel for the appellant absent.
Learned counsel for the respondent submits that though he has no objection to allow the memo and dismiss the appeal as not pressed, however, the same be done by imposing cost upon the appellant for unnecessarily dragging the respondent before this Court.
At this stage, learned counsel for the appellant appears.
Heard learned counsel from both side.
Learned counsel for the appellant submits that the present respondent has been convicted in the criminal case for same cause of action, as such, the appellant does not want to prosecute the civil litigation.
On the submission made by learned counsel from both side, it is brought to the notice of this Court that the said conviction by the Criminal Court was during the pendency of the present appeal. As such, under the circumstance of the case, I do not find any reason to impose any cost or compensation while allowing the memo. Accordingly, no order on compensation as made.
Memo is taken on record.
The appeal stands dismissed as not pressed.
Sd/- JUDGE PN