Sri B. Narayana Reddy vs Vijaya Bank
2021 Latest Caselaw 1552 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF FEBRUARY, 2021

                        BEFORE

      THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE

               M.F.A. NO.9517/2013 (CPC)


BETWEEN

SRI. B. NARAYANA REDDY,
AGED ABOUT 59 YEARS,
S/O SRI M.BASAPPA REDDY,
R/AT NO.YELACHENAHALLI,
Y.V.ANNAIAH ROAD,
J.P.NAGAR,
BANGALORE - 78.
                                           ...APPELLANT
(BY SRI.Y.V.PRAKASH, ADVOCATE FOR
    SRI.Y.K.NARAYANA SHARMA, ADVOCATE)


AND

1.     VIJAYA BANK,
       JAYANAGAR,
       III BLOCK BRANCH,
       BANGALORE - 11,
       REPRESENTED BY ITS
       PRINCIPAL OFFICER AND
       BRANCH MANAGER.

2.     M/S ADARSHA PRECISION
       COMPONENTS,
       7TH MILE, KANAKAPURA ROAD,
       BANGALORE - 78.

3.     SRI. D JAYARAM,
       MAJOR,
       S/O LATE M.R.DORAISWAMY,
                               2



     R/AT NO.34, 18TH MAIN ROAD,
     15TH CROSS, J.P.NAGAR,
     BANGALORE - 78.

4.   SRI. J. VENKATESH,
     MAJOR,
     S/O SRI.D.JAYARAM,
     R/AT NO.34, 18TH MAIN ROAD,
     15TH CROSS, J.P.NAGAR,
     BANGALORE - 78.

5.   SRI. D.R. PRATAP CHANDRA KUMAR,
     S/O LATE D.R.RUBEN,
     S/O LATE D.R.RUBEN,
     R/AT NO.173,
     KUMARASWAMY LAYOUT,
     BANGALORE - 78.
                                       ...RESPONDENTS
(BY SRI.UDAYASHANKAR RAI P., ADVOCATE FOR R1)

     THIS MFA IS FILED U/O 43 RULE 1(d) OF CPC, AGAINST
THE    ORDER      DATED     14.03.2013    PASSED     IN
MISC.NO.428/2010 ON THE FILE OF THE XXIX ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING
THE PETITION FILED U/O 9 RULE 13 OF CPC, TO SET ASIDE
THE EXPARTE JUDGMENT AND DECREE IN O.S.NO.4791/1993
DATED 23.06.2001.

     THIS MFA COMING ON FOR ADMISSION THROUGH
VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED
THE FOLLOWING:


                        JUDGMENT

Learned counsel for the appellant has placed on record a

memo signed by the appellant in which it is stated that the

execution petition has already been dismissed.

2. Hence, the appeal does not survive for consideration

and the same is disposed of. The pending applications stand

disposed of accordingly.

Sd/-

CHIEF JUSTICE

Cs