Tumakur Veerashaiva vs Smt. Leelavathi G
2021 Latest Caselaw 434 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

               M.F.A.NO.8977 OF 2018(CPC)

BETWEEN

TUMAKUR VEERASHAIVA
CO-OPERATIVE BANK LTD., CHAMARAJPET BRANCH
NO.13/154, 5TH MAIN, 1ST CROSS
CHAMARAJPET, BENGALURU-560018
REP BY ITS CHIEF EXECUTIVE OFFICER
                                               ...APPELLANT
(BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)
AND

1.    SMT. LEELAVATHI G
      W/O SHIVAMURTHY A
      R/O NO.735, 1ST F CROSS RAOD
      15TH MAIN, 3RD STAGE, 4TH BLOCK
      WEST OF CHORD ROAD EXTENSION
      BASAVESHWARANAGAR , BENGALURU-560086
2.    SRI VINODH KUMAR
      S/O P B HARIDAS
      R/O NO.7/1, PIPELINE ROAD
      NEAR SRINIVASA TALKIES ,KURUBARAHALLI,
      BENGALURU-560086
3.    SRI T G BABU
      S/O LATE T R GOPAL
      R/O NO.735, 1ST F CROSS ROAD
      15TH MAIN, 3RD STAGE, 4TH BLOCK,
      WEST OF CHORD ROAD EXTENSION,
      BASAVESHWARANAGAR
      BENGALURU-560086
                                          ...RESPONDENTS
(BY SRI. K. SUMAN, ADVOCATE )
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       THIS APPEAL IS FILED UNDER ORDER RULE 1 (r) OF CPC,
AGAINST THE ORDER DATED: 27.09.2018, PASSED ON I.A.NO.2 IN
O.S.NO. 4812/2017, ON THE FILE OF THE XXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, (CCH-6) BENGALURU ALLOWING THE
IA NO.2 FILED UNDER ORDER 39 RULE 1 & 2 OF CPC.
     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Learned counsel for the appellant has filed a memo

dated 05.01.2021, which reads as under:

"The appellant submits that the claim of the appellant with the borrower is settled, outside the court. The letter issued by the Branch manager of the appellant-Bank is produced herewith, for kind perusal of this Hon'ble Court.

Wherefore, the appellant prays permission of this Hon'ble Court to withdraw the above appeal, in the interest of justice and equity."

2. In view of the aforesaid memo, the appeal is

dismissed as withdrawn.

Registry to send back the trial Court Records forthwith.

Sd/-

JUDGE

Bmc