- 1 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5861 OF 2017 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 5859 OF 2017 (CPC) MISCELLANEOUS FIRST APPEAL NO. 5863 OF 2017 (CPC) IN MFA No. 5861/2017 BETWEEN: 1. BALDWIN CO-EDUCATION EXTN.HIGH SCHOOL REPRESENTED BY VICE CHAIRMAN MR. DAVID NATHANIEL 2ND CROSS, 10TH MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU - 560 098. 2. THE PRINCIPAL MR VIJAYAKUMAR KOUJALGI BALDWIN CO-EDUCATION EXTN HIGH SCHOOL 2ND CROSS, 10TH MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU - 560 098. 3. THE VICE CHAIRMAN BALDWIN CO-EDUCATION EXTN. HIGH SCHOOL 2ND CROSS, 10TH MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU - 560 098. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 4. THE CHAIRMAN MR BISHOP NL KARKARE BALDWIN CO-EDUCATION EXTN HIGH SCHOOL 2ND CROSS, 10TH MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU - 560 098. 5. THE MANAGER/ CORRESPONDENT BALDWIN CO-EDUCATION EXTN HIGH SCHOOL 2ND CROSS, 10TH MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR BENGALURU - 560 098. …APPELLANTS (BY SRI. PRAMOD NAIR, ADVOCATE) AND: M/S. PRIME BOOKS SITUATED AT NO.16 AND 17 'C' CROSS 43RD MAIN, IDEAL HOMES TOWNSHIP 2ND STAGE, RAJARAJESHWARI NAGAR BENGALURU - 560 098. ALSO AT #263, 3RD FLOOR, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR BENGLAURU -560 098, REPRESENTED BY MR. SHARWANKUMAR KHUSHDIL. …RESPONDENT (BY SRI. CHINAPPA P, ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.04.2017 PASSED ON I.A.NO.I, II, V & VI IN O.S.NO.965/2017 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH-27), ALLOWING I.A.NO.I & II FILED U/O 39 RULES 1 & 2 R/W SEC.151 OF CPC AND DISMISSING I.A.NO.V & VI FILED U/O 39 RULE 4 OF CPC. - 3 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 IN MFA NO. 5859/2017 BETWEEN: 1. BALDWIN BOYS HIGH SCHOOL, REPRESENTED BY VICE CHAIRMAN, MR. DAVID NATHANIEL #14, HOSUR ROAD, RICHMOND ROAD BENGALURU - 560 025. 2. THE PRINCIPAL MR. DINKAR WILSON BALDWIN BOYS HIGH SCHOOL NO.90, RICHMOND ROAD BENGALURU - 560 025. 3. THE VICE CHAIRMAN MR. DAVID NATHANIEL BALDWIN BOYS HIGH SCHOOL #14, HOSUR ROAD, RICHMOND ROAD BENGALURU - 560 025. 4. THE CHAIRMAN MR. BISHIP NL KARKARE BALDWIN BOYS HIGH SCHOOL #14 HOSUR ROAD, RICHMOND ROAD BENGALURU - 560 025. 5. THE MANAGER/CORRESPONDENT BALDWIN BOYS HIGH SCHOOL #14 HOSUR ROAD, RICHMOND ROAD BENGALURU - 560 025. ...APPELLANTS (BY SRI. PRAMOD NAIR, ADVOCATE) AND: M/S. PRIME BOOKS SITUATED AT NO.16 AND 17 C CROSS 43RD MAIN, IDEAL HOMES TOWNSHIP 2ND STAGE, RAJARAJESHWARI NAGAR BENGALURU - 560 098 - 4 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 ALSO AT #263, 3RD FLOOR, BEML LAYOUT 3RD STAGE, RAJARAJESHWARI NAGAR BENGLAURU - 560 098 REPRESENTED BY MR. SHARWANKUMAR KHUSHDIL. ...RESPONDENT (BY SRI. P. CHINNAPPA, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 25.04.2017 PASSED ON IA NO. 1, 2, 5 & 6 IN O.S.NO.966/2017 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, (CCH NO.27), BENGALURU, ALLOWING IA NO.1&2 FILED U/O.39 RULES 1&2 R/W SEC.151 OF CPC, DISMISSING IA NO.5 & 6 FILED U/O.39 RULE 4 OF CPC. IN MFA NO. 5863/2017 BETWEEN: 1. BALDWIN GIRLS HIGH SCHOOL REPRESENTED BY VICE CHAIRMAN MR. DAVID NATHANIEL NO.90, RICHMOND ROAD, BENGALURU - 560 025. 2. THE PRINCIPAL MRS. INDIRA WILLIAMS, BALDWIN GIRLS HIGH SHCOOL, NO.90, RICHMOND ROAD, BENGALURU - 560 025. 3. THE VICE CHAIRMAN MR. DAVID NATHANIEL BALDWIN GIRLS HIGH SHCOOL, NO.90, RICHMOND ROAD, BENGALURU - 560 025. - 5 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 4. THE CHAIRMAN MR. BISHOP NL KARKARE BALDWIN GIRLS HIGH SHCOOL, NO.90, RICHMOND ROAD, BENGALURU - 560 025. 5. THE MANAGER/CORRESPONDENT BALDWIN GIRLS HIGH SHCOOL, NO.90, RICHMOND ROAD, BENGALURU - 560 025. ...APPELLANTS (BY SRI. PRAMOD NAIR, ADVOCATE) AND: M/S. PRIME BOOKS SITUATED AT NO.16 AND 17 C CROSS 43RD MAIN, IDEAL HOMES TOWNSHIP 2ND STAGE, RAJARAJESHWARI NAGAR BENGALURU - 560 098 ALSO AT #263, 3RD FLOOR, BEML LAYOUT 3RD STAGE, RAJARAJESHWARI NAGAR BENGLAURU - 560 098 REPRESENTED BY MR. SHARWANKUMAR KHUSHDIL. ...RESPONDENT (BY SRI. P. CHINNAPPA, ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.04.2017 PASSED ON I.A.NO.I, II, V & VI IN O.S.NO.970/2017 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH-27), ALLOWING I.A.NO.I & II FILED U/O 39 RULES 1 & 2 R/W SEC.151 OF CPC AND DISMISSING I.A.NO.V & VI FILED U/O 39 RULE 4 OF CPC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo along with copy of the order-sheet in Com.O.S.No.272/ 2025 and copy of the compromise petition. The same are placed on record. 2. Learned counsel for the appellants has filed a memo for withdrawal of the appeals with liberty to initiate appropriate proceedings in the future if the situation necessitates it. 3. Learned counsel for the respondent submitted that liberty shall not be given and withdrawal of the appeals is unconditional. 4. Learned counsel for the appellants submitted that the appeals may be disposed of as withdrawal without giving any liberty. The submission made in this regard by the counsel for the appellants is placed on record and - 7 - HC-KAR NC: 2025:KHC:47866 MFA No. 5861 of 2017 C/W MFA No. 5859 of 2017 MFA No. 5863 of 2017 permitted the counsel for the appellants to strike off the sentence seeking liberty to file appropriate proceedings. 5. Therefore, the appeals are dismissed as withdrawn without giving any liberty. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 8