Canara Bank vs N.G.Subbaraya Setty
2022 Latest Caselaw 2192 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF FEBRUARY, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

          REGULAR FIRST APPEAL NO.1427/2016 (MON)

BETWEEN:

CANARA BANK,
A PUBLIC LIMITED COMPANY
OF GOVERNMENT OF INDIA,
HAVING ITS REGISTERED OFFICE
AT J.C. ROAD, BENGALURU
REPRESENTED BY MANAGER,
BASAVANAGUDI BRANCH,
BENGALURU-560 004
                                       ... APPELLANT

(BY SRI. MANIK B.T., ADVOCATE)


AND:

1.     N.G.SUBBARAYA SETTY
       S/O LATE N.M. GOVINDARAJA SETTY,
       AGED ABOUT 61 YEARS
       NO.1/1, 1ST CROSS,
       SHANKARAPURAM,
       BENGALURU-560 004

2.     N.S. SUHAS
       S/O SRI. N.G. SUBBARAYASETTY,
       AGED ABOUT 39 YEARS
       R/AT NO.1/1, 1ST CROSS,
                              2


     SHANKARAPURAM,
     BENGALURU-560 004.               RESPONDENTS


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE
JUDGMENT AND DECREE DATED 30.10.2015 PASSED IN
O.S.NO.3765/2010 ON THE FILE OF 42ND ADDL. CITY CIVIL AND
SESSIONS JUDGE, BANGALORE CITY (CCH NO.43), DECREEING
THE SUIT FOR RECOVERY OF MONEY.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:


                         JUDGMENT

Memo is preferred by the appellant and is signed by

the learned counsel for the appellant. The memo reads as

under:

"1. The present Regular First Appeal arises out of OS. No.3765/2010.

2. The Hon'ble Supreme Court in Civil Appeal No.4233 of 2018 was pleased to dismiss a similar suit in OS No.495 of 2015 based on which the present OS.No.3765/2010 was filed. The certified copy of the Judgment and Decree in Civil Appeal No.4233 of 2018 of the hon'ble Supreme Court of India is been submitted, and hence the matter before Civil Court is covered and the parties are same.

3. Hence the present OS. No.3765/2010 from which the present Regular First Appeal arises does not survive."

In that view of the matter, the appeal is dismissed as

not surviving for consideration.

Sd/-

JUDGE

Sd/-

JUDGE

sma