Shri Girish vs The Karnataka State
2022 Latest Caselaw 3344 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                      PRESENT

          THE HON'BLE MRS.JUSTICE S.SUJATHA

                        AND

     THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

               M.F.A.No.4514/2013 (SFC)

BETWEEN:

SHRI GIRISH
S/O RAMCHANDRAPPA
AGED ABOUT 47 YEARS
FLAT NO.301 & 302
GIRI APARTMENT, 'A' BLOCK
2ND PHASE, J.P.NAGAR
BENGALURU-560 011.
                                          ...APPELLANT
(BY SRI. VIJAY KUMAR, ADVOCATE (PH))

AND:

1.     THE KARNATAKA STATE
       FINANCE CORPORATION,
       NO.25, SHANKAR
       NARAYAN BUILDING,
       M G ROAD, BENGALURU-560 00
       REPRESENTED BY ITS
       DEPUTY GENERAL MANAGER
       (RECOVERY).

2.     NANDI DUPLEX LIMITED
       REPRESENTED BY
       MANAGING DIRECTOR
       REGISTERED OFFICE NO.36,
       1ST BLOCK, JAYANAGAR EAST,
       BENGALURU-560 011.
                                2




3.       S NEELAKANTAPPA
         S/O S RAMAPPA,
         AGED ABOUT 73 YEARS,
         R/AT NO.36, JAYANAGAR EAST,
         BENGALURU-560 011.

         SINCE DECEASED REPRESENTED BY LRS

a)       SMT GOWRAMMA
         W/O S NEELAKANTAPPA,
         AGED ABOUT 77 YEARS,
         MOUNT STREET,
         JAYANAGAR EAST,
         BENGALURU-560 011.

b)       DR S.N. PRABHUDEV
         S/O NEELAKANTAPPA S,
         SINCE DECEASED BY HIS LRs

b)(i)    SMT KUSUMA
         W/O DR. S.N. PRABHUDEV
         AGED ABOUT 47 YEARS

b)(ii)   S P NANDISH
         S/O LATE PRABHU DEV
         AGED ABOUT 25 YEARS

b)(iii) KUMARI PRAGNA
        D/O LATE S N PRABHUDEV
        AGED ABOUT 22 YEARS

         RESPONDENTS b(i) TO b(iii) ARE
         R/AT NO.36,
         MOUNT STREET, 1ST BLOCK,
         JAYANAGAR EAST,
         NEAR MADHAVAN PARK,
         BANGALORE-560 011.

(c)      S N JAYANTH
         S/O S.S. NEELAKANTAPPA,
         SINCE DECEASED BY LEGAL
         REPRESENTATIVES:

c-i)     SMT GEETA JAYANTH
         W/O LATE S.N. JAYANTH
         AGED ABOUT 44 YEARS
                              3




c-ii)   SMT SUMAN I.M.
        D/O LATE S.N. JAYANTH
        AGED ABOUT 22 YEARS

        BOTH ARE R/AT
        977, 13TH CROSS,
        BANASHANKARI,
        3RD STAGE,
        BENGALURU-560 070.


4.      MARGADA MALLAPPA
        S/O SRI. MAHADEV
        AGED 75 YEARS
        R/AT ASHOKNAGAR,
        BIROOR,
        CHIKKAMAGALUR.

        SINCE DECEASED BY LRs

a)      SMT LALITHAMMA,
        W/O MARGADA MALLAPPA,
        AGED ABOUT 72 YEARS,

b)      M. VISHWANATH
        S/O MARGADA MALLAPPA,
        AGED ABOUT 52 YEARS,
        RETD. JOINT COMMISSIONER
        OF COMMERCIAL TAX,
        LIC BUILDING,
        MALLESHWARAM,
        SAMPIGE ROAD,
        BENGALURU-560 003.

        RESPONDENT 4-a AS
        C/O RESPONDENT NO.4-b

c)      SMT DINAMANI
        W/O LATE M SHIVSHANKAR,
        AGED ABOUT 57 YEARS,

d)      RAVISHANKAR
        S/O M SHIVSHANKAR,
        AGED ABOUT 37 YEARS,

        RESPONDENT NO.4-(c) AND (d) ARE
        R/AT ASHOKNAGAR, BIROOR,
        CHIKKAMAGALUR DISTRICT.
                                 4




5.      SHRI S R VISHVESHWARA
        S/O RAMCHANDRAPPA,
        AGED ABOUT 45 YEARS,
        FLAT NO.403,
        GIRI APARTMENT,
        "A"BLOCK, 2ND PHASE,
        J P NAGAR, BANGALORE-11.

        SINCE DECEASED BY LR

5(a)    SMT. MANJULA V.SHAVI @ MANJU
        W/O LATE SRI. S.R. VISHVESHWARA
        AGED ABOUT 55 YEARS
        PRESENTLY R/A FLAT NO.403
        GIRI APARTMENT, 'B' BLOCK
        2ND PHASE, J.P.NAGAR
        BANGALORE-560 011.

                                          ...RESPONDENTS

(BY SRI. BIPIN HEGDE, ADVOCATE FOR R1 (PH);
    SRI. RAMACHANDRA, ADVOCATE FOR R3(b) (1-3) & R4;
    SRI. G.NANDISH, ADVOCATE FOR R3(c)(1&2);
    NOTICE TO R2, R3(a), R4(a), R4(d) AND R5(a) SERVED)


       THIS MFA IS FILED U/S 32(9) OF THE STATE FINANCIAL
CORPORATION ACT, 1951 AGAINST THE ORDER DATED
30.03.2013      PASSED     IN   MISCELLANEOUS    PETITION
NO.26/2000 (OLD NO.50/1994) ON THE FILE OF THE
PRINCIPAL DISTRICT & SESSIONS JUDGE, DAVANGERE,
ALLOWING THE PETITION FILED UNDER SECTION 31(1)(aa)
AND     32(1)   OF   THE   KARNATAKA   STATE    FINANCIAL
CORPORATION ACT.

        THIS APPEAL COMING ON FOR ORDERS THIS DAY,
S. SUJATHA J., DELIVERED THE FOLLOWING:
                          5




                  JUDGMENT

Learned counsel for the appellant has filed a

memo seeking leave of the Court to withdraw the

appeal.

The memo is placed on record and permission

is granted.

Appeal stands dismissed as withdrawn in terms

of the memo.

Sd/-

JUDGE

Sd/-

JUDGE BVK