IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1934 OF 2012 BETWEEN:
The Karnataka Bank Ltd., A Company registered under the Companies Act 1913 carrying Banking Business having its Registered office at Mahaveera Circle, Post Box No.599, Kankanadi, Mangaluru-575002 and several Branches throughout India and one amongst them at Kunjibettu and is represented herein by one of the Principal Officers of the Appellant viz., Chief Manager of the Asset Recovery Management Branch, Mohan Mansion, Kasturba Road, Bangalore, Shri M R Girish. ...Appellant (By Sri. K.V.Satish, Adv. for Sri. S.R.Harish Kumar Adv.) AND:
1. Tulunadu Finance and Developments limited Udupi-576101 represented by its Gpa Holder Sri Prahallad Ballal.
2. Chandrahasa Shetty S/o M.N. Shetty Uliyargoli Post: Kaup, Udupi Taluk-576101.
3. Vincent Menezes S/o James Menezes Harady Village Post: Kukkude Udupi Taluk-576101.
4. H S Sanjeeva Shetty S/o Late Venkappa Shetty Hale Mane Post Herga Udupi Taluk-576101. ...Respondents (By Sri.R.V.Naik, Adv. for Sri. M.V.Kini and Co., Adv. for R1 Sri. Vigneshwara U., Adv. for R2 R3 and R4 are Served) This R.F.A is filed under Section 96 of CPC, against the judgment and decree dated 14.08.2012 passed on IA. No.4 in Execution Case No.18/2008 on the file of District Judge, Udupi, rejecting IA No.4 filed under Order 21 Rule 58 of CPC.
This R.F.A coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel from both side on the memo filed by the appellant seeking to withdraw the appeal as the matter is reported to be settled in the Execution Petition before the District Court.
In view of the memo and supporting submission, the Appeal stands dismissed as withdrawn.
In view of the dismissal of main appeal, I.A.No.1/2019 does not survive for consideration. Accordingly, I.A.No.1/2019 is dismissed.
Sd/- JUDGE PN/-