IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.2054 OF 2016 BETWEEN SRI. CHANDAR.S S/O. SRI SRINIVAS AGED ABOUT 60 YEARS PARTNER M/S C.V.S.N ENTERPRISES NO.13, SHRUNGER SHOPPING CENTRE IN PROPERTY BEARING NO.79/80 M.G. ROAD BENGALURU-560001. ... APPELLANT (By SRI VISHWAJITH SHETTY S. ADV.) AND 1 MISS. CHITRALEKHA THAMBUCHETTY D/O LATE MR. F. THUMBOOCHETTY AGE MAJOR NO.17, PROMENADE ROAD FRAZER TOWN BENGALURU-560005 2 MR. JOHN RAVIKANTH THUMBOOCHETTY AGE MAJOR D/O LATE MR. F. THUMBOOCHETTY NO.17, PROMENADE ROAD FRAZER TOWN BENGALURU-560005 3 MRS. MARY GEETHANJALI THUMBOOCHETTY D/O LATE MR. F. THUMBOOCHETTY AGE MAJOR NO.13/4, BEALE STREET LIVEPOOL NEW SOUTH EALES AUSTRALIA 4 MR. BERNARD VIKRAM THUMBOOCHETTY D/O LATE MR. F. THUMBOOCHETTY AGE MAJOR NO.16, PROMENADE ROAD FRAZER TOWN BENGALURU-560005 5 M/S D.N.L ENTERPRISES 79/80, MAHATMA GANDHI ROAD SHRUNGAR SHOPPING COMPLEX BENGALURU-560001 REPRESENTED BY ITS PARTNER SRI SHANKAR TAMBRE AGE MAJOR 6 SRI D.L. SHIVANNA AGED MAJOR FATHERS NAME NOT KNOW MANAGING PARTNER M/S D.N.L ENTERPRISES 79/80, MAHATMA GANDHI ROAD SHRUNGAR SHOPPING COMPLEX BENGALURU-560001 AND R/A NO.24 LOWER PALACE ORCHARDS BENGALURU-560003 7 SMT ASHA NANJARAJ W/O SRI D.L. NANJARAJ AGE MAJOR NO 10 APPAJAPPA AGRAHARA CHAMARAJAPET BANGALORE-18 8 SRI M.G THAMBRRE AGE MAJOR FATHERS NAME NOT KNOW OFFICERS WEAR DEPOT M.G. ROAD BENGALURU-560001 9 SMT AMBABAI THAMBRE W/O SRI R.G. TAMBRE AGE MAJOR OFFICERS JEWELLARY HOUSE M.G. ROAD BENGALURU-560001 10 SMT INDIRABAI THAMBRE W/O H.G. THAMBRE AGE MAJOR CITY OFFICERS WEAR DEPOT GUPTA MARKET M.G. ROAD BENGALURU-560009 11 SRI V. CHANDRASHEKAR S/O SRI Y. VENKATARAMAIAH AGE MAJOR 13TH CROSS KUMARA PARK BENGALURU-560020 12 SMT CHANDINI D/O SRI N. CHANDAPPA AGE MAJOR NO.10 APPAJAPPA AGRAHARA CHAMARAJPET BENGALURU-560018 13 SMT NANDINI D/O SRI B. CHANDRAPPA AGE MAJOR NO.10 APPAJAPPA AGRAHARA CHAMRAJPET BENGALURU-560018 14 SMT SHEELA D/O SRI N. KRISHNAMURTHY AGE MAJOR NO.10, APPAJAPPA AGRAHARA CHAMARAJPET BENGALURU-560018 15 SMT MALLIKA D/O SRI N. KRISHNAMURTHY AGE MAJOR NO.10, APPAJAPPA AGRAHARA CHAMRAJPET BENGALURU-560018 16 SMT BRUNDA SATHYAPRAKASH W/O SRI S.N. SATHYAPRAKASH AGE MAJOR R/A NO.669, 3RD BLOCK RAJAJINAGAR BENGALURU-560010 17 SRI S.G. PUTTARAJU S/O SRI S.C. GOPALAPPA AGE MAJOR NO.88 H.B. SAMAJ ROAD BASAVANAGUDI BENGALURU-560004 18 SRI SHANKAR S/O SRI H.G. THAMBRRE AGE MAJOR M/S THANBRE TEXTIUIE MAJESTIC CIRCLE KEMPEGOWDA ROAD BENGALURU-560009 19 SRI STATE GOVERNMENT. BABU D/O SRI S.C. GOPALAPPA AGE MAJOR NO.88 H.B. SAMNAJ ROAD BASAVANAGUDI BENGALURU-560004 20 M/S SAMPATH KUMARAN AND COMPANY A PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT REPRESENTED BY ITS MANAGING PARTNER C SRIVATSAN S/O LATE K.C.R CHAKRAVARTHY AGE MAJOR NO.28/29, SHRUNGER SHOPPING CENTRE IST FLOOR NO.80/1, M.G. ROAD BENGALURU-560001 21 SRI IRFAN NOOR S/O LATE NOOR MOHAMMED MAJOR BUSINESS CARRYING AT SHOP PREMISES NO.2 AT SHRUNGER SHOPPING CENTRE LOCATED AT NO.70/80/21 M G ROAD BENGALURU-560001 22 M/S BLUE LAND STORES A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SIR MANJUNATH S/O SRI R VITTAL KHODAY AGE MAJOR SHOP NO.15 GROUND FLOOR SHRUNGER SHOPPING COMPLEX NO.80/1, M G ROAD BENGALURU-560001 23 M/S PUSHPANJALI REPRESENTED BY ITS PROPRIETRIX SMT JYOTHI NANDALAL KAPAL W/O LATE SRI NANDALAL G KAPAL AGE MAJOR SHOP NO.47, GROUND FLOOR SHRUNGER SHOPPING COMPLEX NO.80/1, M G ROAD BENGALURU-560001 24 M/S NOBLE TRADERS REPRESENTED BY ITS PROPRIETOR SRI KISHORE B PUJABI S/O SRI R BHAJANLAL AGE MAJOR SHOP NO.26, GROUDN FLOOR SHRUNGER SHOPPING COMPLEX NO.80/1, M G ROAD BENGALURU-560001 25 M/S INDEX INTERNATIONAL A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.27 SHRUNGER SHOPPING CENTRE W/O LATE SRI NANDALA G KAPAL M G ROAD BENGALURU-560001 REPRESENTED BY ITS PARTNERS SRI K N RAJARAM 26 SMT NIRMALA C CHHEDA W/O SIR CHUNNILAL CHHEDA AGE MAJOR REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI AMISH CHHEDA S/O SRI CHUNNILAL CHHEDA AGE MAJOR SHOP NO.50, GROUND FLOOR SHRUNGER SHOPPING COMPLEX NO.80/1, M G ROAD BENGALURU-560001 27 M/S MONA GARMENTS, HAVING ITS OFFICE AT NO.27 SHRUNGER SHOPPING CENTRE M G ROAD BENGALURU-560001 REPRESENTED BY ITS PROPRIETOR SRI K R CHRGANI 28 M/S ARU & DEV, CHARTERED ACCOUNTANTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.13A SHRUNGER SHOPPING CENTRE M G ROAD BENGALURU-560001 REPRESENTED BY ITS PARTNER MR A ARMUGHAM 29 M/S ARU & DEV CHARTERED ACCOUNTANTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.13A, 13C AND 13C-1 SHRUNGER SHOPPING CENTRE M G ROAD BENGALURU-560001 REPRESENTED BY ITS PARTNER MR. A. ARMUGHAM 30 M/S NOBLE TRADERS, REPRESENTED BY 1) SMT SHASHI K PUNJABI W/O LATE SRI KISHORE B PUJABI AGE MAJOR 2) SRI GAURAV K PUNJABI W/O LATE SRI KISHORE B PUNJABI AGE MAJOR 3) SRI KUSHAL K PUNJABI W/O LATE SRI KISHORE B PUNJABI AGE MAJOR SHOP NO.26 GROUND FLOOR SHRUNGER SHOPPING CENTRE NO.80/1, M G ROAD BENGALURU-560001 31 SMT SONEELAM CHODHA W/O ANIL KUMAR AGE MAJOR NO.7, SHRUNGER SHOPPING CENTRE M G ROAD BENGALURU-560001 ... RESPONDENTS (By Sri. ASHOK B PATIL, ADV. FOR C/R1-R3 SRI K.M. JAGANATH, ADV. FOR R-4) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 26.9.2016 PASSED ON IA NO.37 IN EX NO.142/2014 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE, BENGALURU CITY (CCH NO.8) REJECTING THE IA NO.37.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Appellant’s counsel has filed a memo stating that parties have settled their dispute between themselves, therefore appeal may be dismissed as withdrawn.
Memo is placed on record.
Accordingly, appeal is dismissed as withdrawn.
Sd/- JUDGE PN/-