Smt Rukmini @ Prema vs Sri Rangadamaiah
2022 Latest Caselaw 3633 Kant

                        1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 03RD DAY OF MARCH 2022

                     PRESENT

        THE HON'BLE MR. JUSTICE B. VEERAPPA

                       AND

        THE HON'BLE MR.JUSTICE. S.RACHAIAH

            RFA NO.1055 OF 2018 (PAR)

BETWEEN:

SMT. RUKMINI @ PREMA
W/O SRI RANGADAMAIAH,
AGED ABOUT 63 YEARS
RESIDING AT NO.23,
1ST MAIN ROAD, SAKAMMA GARDEN,
JAYANAGAR, BANGALORE-560 039.
                                    ... APPELLANT
(BY SRI. NAGANANDINI S., ADVOCATE FOR
SRI. JAIRAJ G., ADVOCATE)

AND:

1.   SRI. RANGADAMAIAH
     AGED ABOUT 74 YEARS
     RESIDING AT NO.23,
     1ST MAIN ROAD,
     SAKAMMA GARDEN,
     JAYANAGAR,
     BANGALORE-560 039.

2.   SYNDICATE BANK
     RAJAJINAGAR MAIN BRANCH,
     NO.693, 'SRI RAGHAVENDRA KRUPA',
     RAMA MANDIRA ROAD,
     RAJAJINAGAR,
     3RD BLOCK, BANGALORE-560 010,
                               2


    REP. BY ITS CHIEF MANAGER,
    BANGALORE.

                                         ... RESPONDENTS

      THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF THE CODE OF CIVIL PROCEDURE
AGAINST THE ORDER DATED 05.03.2018 PASSED ON
IA NO.2 IN OS NO.6100/2013 ON THE FILE OF THE XXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY, ALLOWING THE IA NO.2 FILED
UNDER SEC.34 OF SARFAESI ACT R/W ORDER VII RULE
11(d) OF CPC., FOR REJECTION OF PLAINT.

     THIS REGULAR FIRST APPEAL. COMING ON FOR
ORDERS, THIS DAY, B.VEERAPPA J., MADE THE
FOLLOWING:

                            ORDER

The present appeal is filed by the appellant-

plaintiff against the impugned judgment and decree

dated 05.03.2018 made in O.S.No.6100/2013 on

the file of the XXX Additional City Civil and Sessions

Judge, Bengaluru, rejecting the suit filed by the

plaintiff by allowing the application filed by

defendant No.2 under the provisions of Section 34

of SARFAESI Act r/w Order VII Rule 11(d) of CPC.

Learned counsel for the appellant files a

memo dated 03.03.2022 seeking leave of the Court

to withdraw the present appeal as the matter is

settled out of the Court.

Said memo is taken on record.

In view of the memo, the Regular First Appeal

stands dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

PN