Neelakantan R vs M/S Praveen Capital Pvt Ltd
2022 Latest Caselaw 7531 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 26TH DAY OF MAY, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

           THE HON'BLE MR. JUSTICE RAVI V HOSMANI

             REGULAR FIRST APPEAL NO.492/2021

BETWEEN:

NEELAKANTAN R
S/O R RAMACHANDRAN
AGED ABOUT 45 YEARS
R/O NIVEDITHANIVASA
#2-40(1), PERIYADKA HOUSE
UPINANGADI VILLAGE & POST
PUTTUR TALUK, D.K.
(SINCE DEAD BY LR'S)

1.   NIVEDITHA N.
     D/O LATE NEELAKANTAN R
     AGED ABOUT 24 YEARS

2.   NARENDRAN
     S/O LATE NEELAKANTAN R
     AGED ABOUT 24 YEARS
     BOTH ARE RESIDING AT.
     NIVEDITHANIVASA
     #2-40(1), PERIYADKA HOUSE
     UPINANGADI VILLAGE & POST
     PUTTUR TALUK, D.K.
     PIN-574241.

3.   SMT. R.DEEPA
     W/O LATE NEELAKANTAN
     AGED ABOUT 42 YEARS
     R/O NIVEDITHANIVASA
     #2-40(1), PERIYADKA HOUSE
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       UPINANGADI VILLAGE & POST
       PUTTUR TALUK, D.K.,
       PIN - 574241.
                                            ... APPELLANTS
(BY SRI RAGHAVENDRA.H.S, ADV.)

AND:

1.     M/S PRAVEEN CAPITAL PVT. LTD.,
       DARBE, PUTTUR, D.K.
       (REP. BY GPA HOLDER
       SRI RAJNEESH K
       S/O RAMESH K
       AGED ABOUT 28 YEARS
       R/AT. SWAMY COMPOUND
       NAGARA POST, KABAKA VILLAGE
       PUTTUR TALUK, D.K.DISTRICT,
       PIN-574220

2.     SRI RAVICHANDRA H.S.
       S/O SHANTHAPPA MOOLYA
       AGED ABOUT 46 YEARS
       R/O #1-476/1
       PODIYARU HOUSE, KUVETTU POST,
       BELTHANGADI TALUK, D.K.DISTRICT
       PIN-574224.
                                          ... RESPONDENTS

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC AGAINST THE ORDER DATED 01.03.2020 PASSED IN
FDP.NO.08/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, SULLIA, D.K. ALLOWING THE PETITION FILED UNDER ORDER
34 RULE 5(3) R/W SECTION 54 OF CPC PRAYING TO PASS A FINAL
DECREE FOR SALE OF THE MORTGAGED PROPERTY IN TERMS OF
ORDER 34 RULE 5(3) OFF RS.36,91,635.82/- WITH FUTURE
INTEREST FROM THE DATE OF THIS PETITION TILL THE DATE OF
REALIZATION AND COSTS OF THIS PETITION.


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

A memo is preferred by the appellants stating that the

parties have amicably settled the matter amongst themselves

and in that view of the matter, it is prayed that the appellants

be permitted to withdraw the appeal and also direct refund of

permissible Court Fee.

The Memo is taken on record. The appeal is dismissed as

withdrawn.

In view of the dismissal of the main appeal, pending

interlocutory applications, if any, do not survive for

consideration. Hence, disposed of.

Office to look-in and draw-up decree accordingly. Office

shall refund permissible Court Fee.

Sd/-

JUDGE

Sd/-

JUDGE dn/-

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