IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH R.F.A.No.1243/2013 (MON) BETWEEN:
THE EXECUTIVE ENGINEER No.4, HEMAVATHI LEFT BANK CANAL TURUVEKERE-572227. … APPELLANT (By SMT. GEETHA M, HCGP) AND:
1. NAGENDRAN AGED ABOUT 71 YEARS RETD. CHIEF ENGINEER No.842A, 10TH MAIN ROAD KAMAKSHI HOSPITAL ROAD KUVEMPUNAGAR MYSORE-570001.
2. THIPPERUDRAPPA AGED ABOUT 70 YEARS RETD. SUPERINTENDENT ENGINEER No.35, 3RD MAIN ROAD 38A CROSS, 8TH BLOCK JAYANAGAR BENGALURU-560082.
3. R.CHANDRASHEKHARAPPA AGED ABOUT 68 YEARS RETD. CHIEF ENGINEER SRINIVASA KRUPA 4TH MAIN ROAD 6TH CROSS, RAMAKRISHNAGAR MYSORE-570001.
4. C.R.VISHWANTH RETD. CHIEF ENGINEER No.49, 4TH CROSS, 4TH BLOCK JAYANAGAR BENGALURU-560 011. ... RESPONDENTS (By SMT. SUVARNA M.L., ADVOCATE For R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED 16.02.2013 PASSED IN O.S.NO.28/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., TIPTUR DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This matter is listed for taking steps against respondent Nos.1, 3 and 4.
2. Learned counsel appearing for respondent No.2 submits that the matter is covered by the judgment of the Division Bench of this Court passed in RFA No.200041/2016 and accordingly, the appeal is not maintainable.
3. Learned counsel appearing for the State also concur the submission made by the learned counsel for the respondent No.2.
4. In view of the judgment of Division Bench of this Court, the present appeal is not maintainable. Accordingly, the appeal is dismissed as not maintainable.
Sd/- JUDGE PYR